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Judgment of the General Court (Sixth Chamber) of 13 October 2011. # NEC Display Solutions Europe GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark NaViKey - Earlier Community word mark NAVI - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Breach of the duty to state reasons - Article 75 of Regulation No 207/2009. # Case T-393/09.
ECLI:EU:T:2011:593
62009TJ0393
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(Case T-393/09)
Community trade mark – Opposition proceedings – Application for Community word mark NaViKey – Earlier Community word mark NAVI – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Breach of the duty to state reasons – Article 75 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 207/2009, Art. 8(1)(b)) (see paras 22, 31, 55, 58-60)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 16 June 2009 (Case R 1143/2008-2), relating to opposition proceedings between Nokia Corp. and NEC Display Solutions Europe GmbH.
Operative part
The Court:
1.Dismisses the action;
2.Orders NEC Display Solutions Europe GmbH to pay the costs.