(Case T-60/09)

Community trade mark – Opposition proceedings – Application for community figurative mark stabilator – Earlier Community word mark STABILAT – Relative ground for refusal – No likelihood of confusion – No similarity of goods and services – 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 para. 51)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 16 December 2008 (Cases R 483/2008-4 and R 705/2008-4), relating to opposition proceedings between Herhof-Verwaltungsgesellschaft mbH and Stabilator sp. z o.o.

Information relating to the case

Applicant for the Community trade mark:

Stabilator sp. z o.o.

Community trade mark sought:

Figurative mark stabilator for goods and services in Classes 19, 37 and 42 – Application No 4068961

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition:

Word mark STABILAT for goods in Classes 1, 7, 11, 20, 37, 40 and 42

Decision of the Opposition Division:

Opposition upheld in part and application for registration rejected in part

Decision of the Board of Appeal:

Contested decision dismissed in part and opposition dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Herhof-Verwaltungsgesellschaft mbH to pay the costs.