(Case T-451/09)

Community trade mark – Opposition proceedings – Application for Community figurative mark Wind – Earlier national figurative mark Wind – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 – No similarity of goods and services

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 points 21, 23-32)

Re:

ACTION against the decision of the Fourth Board of Appeal of OHIM of 3 September 2009 (Case R 1470/2008-4), relating to opposition proceedings between Mr Harry Wind and Sanyang Industry Co., Ltd.

Information relating to the case

Applicant for the Community trade mark:

Sanyang Industry Co., Ltd

Community trade mark sought:

Figurative mark Wind for goods and services in Classes 11, 12 and 37 – Application No 3362605

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

Mark or sign cited in opposition:

German trade mark registration of the figurative mark Wind for services in Class 37

Decision of the Opposition Division:

Opposition dismissed

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Mr Harry Wind to pay the costs.