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Judgment of the General Court (Sixth Chamber) of 24 May 2012. # Grupo Osborne, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark TORO XL - Early Community figurative mark XL - Relative ground for refusal - Article 8(1)(b) of Regulation No 207/2009 - No likelihood of confusion. # Case T-169/10.
ECLI:EU:T:2012:261
62010TJ0169
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(Case T‑169/10)
Community trade mark — Opposition proceedings — Application for Community word mark TORO XL — Early Community figurative mark XL — Relative ground for refusal — Article 8(1)(b) of Regulation No 207/2009 — No likelihood of confusion
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 207/2009, Art. 8(1)(b)) (see paras 20, 56‑58)
Re:
ACTION brought against the decision of the second Board of Appeal of OHIM of 22 January 2010 (Case R 223/2009-2) concerning opposition proceedings between Industria Licorera Quezalteca, SA and Grupo Osborne, SA.
Operative part
The Court:
1.Annuls the decision of the second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 January 2010 (Case R 223/2009‑2);
2.Orders OHIM to pay the costs.