I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
EN
2009/C 102/32
Language in which the application was lodged: German
Applicant: Herhof-Verwaltungsgesellschaft mbH (Solms, Germany) (represented by: A. Zinnecker and T. Bösling, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Stabilator sp. z o.o. (Gydnia, Poland)
—Anuul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 December 2008 in Joined Cases R 483/2008-4 and R 705/2008-4;
—Order the applicant to pay the costs.
Applicant for a Community trade mark: Stabilator sp. z o.o.
Community trade mark concerned: the figurative mark ‘stabilator’ for goods and services in Classes 19, 37 and 42, Application No 4 068 961
Proprietor of the mark or sign cited in the opposition proceedings: the applicant
Mark or sign cited in opposition: the word mark ‘STABILAT’ for goods in Classes 1, 7, 11, 20, 37, 40 and 42
Decision of the Opposition Division: opposition allowed in part and application rejected in part
Decision of the Board of Appeal: annulment in part of the contested decision and rejection of the opposition
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94, because there is a likelihood of confusion between the marks at issue or at least a likelihood of association.
Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).