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Judgment of the General Court (Third Chamber) of 18 February 2011. # P.P.TV - Publicidade de Portugal e Televisão, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark PPT - Earlier national figurative mark PPTV - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-118/07.
ECLI:EU:T:2011:58
62007TJ0118
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(Case T-118/07)
Community trade mark – Opposition proceedings – Application for Community word mark PPT – Earlier national figurative mark PPTV – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 24, 75)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 17 January 2007 (Case R 1040/2005-1) concerning opposition proceedings between P.P.TV – Publicidade de Portugal e Televisão, SA and Rentrak Corp.
Information relating to the case
Applicant for the Community trade mark:
Rentrak Corp.
Community trade mark sought:
Word mark PPT for services in Class 41 – Application No 1758382
Proprietor of the mark or sign cited in the opposition proceedings:
Mark or sign cited in opposition:
National figurative mark PPTV for services in Class 41
Decision of the Opposition Division:
Opposition upheld and application for registration of a Community trade mark rejected
Decision of the Board of Appeal:
Annulment of the Opposition Division’s decision and rejection of the opposition
Operative part
The Court: