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Judgment of the General Court (Eighth Chamber) of 8 September 2011. # MIP Metro Group Intellectual Property GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark METRONIA - Earlier national figurative mark METRO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-525/09.
ECLI:EU:T:2011:437
62009TJ0525
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(Case T-525/09)
Community trade mark – Opposition proceedings – Application for Community figurative mark METRONIA – Earlier national figurative mark METRO – Relative ground for refusal – Likelihood of confusion – 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 207/2009, Art. 8(1)(b)) (see paras 29, 41-42)
Re:
ACTION against the decision of the First Board of Appeal of OHIM of 8 October 2009 (Case R 1315/2006‑1), concerning opposition proceedings between MIP Metro Group Intellectual Property GmbH & Co. KG and Metronia, SA.
Operative part
The Court:
1.Dismisses the action;
2.Orders MIP Metro Group Intellectual Property GmbH & Co. KG to pay the costs.