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Judgment of the General Court (Third Chamber) of 27 September 2011. # Perusahaan Otomobil Nasional Sdn Bhd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community figurative mark PM PROTON MOTOR - Earlier national, Benelux and Community word and figurative marks PROTON - Relative grounds for refusal - No likelihood of confusion - Lack of similarity between the goods and services - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Article 8(5) of Regulation No 40/94 (now Article 8(5) of Regulation No 207/2009). # Case T-581/08.
ECLI:EU:T:2011:536
62008TJ0581
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(Case T-581/08)
Community trade mark – Opposition proceedings – Application for the Community figurative mark PM PROTON MOTOR – Earlier national, Benelux and Community word and figurative marks PROTON – Relative grounds for refusal – No likelihood of confusion – Lack of similarity between the goods and services – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Article 8(5) of Regulation No 40/94 (now Article 8(5) of Regulation 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 23, 26, 30)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 9 October 2008 (Case R 1675/2007‑1) concerning opposition proceedings between Perusahaan Otomobil Nasional Sdn Bhd and Proton Motor Fuel Cell GmbH.
Operative part
The Court:
1.Dismisses the action;
2.Orders Perusahaan Otomobil Nasional Sdn Bhd to pay the costs.