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Judgment of the General Court (Sixth Chamber) of 14 September 2011. # Olive Line International, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark O-live - Earlier national trade name Olive line - Relative ground for refusal - Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009) - Right to prohibit use of a subsequent mark - Likelihood of confusion - Article 7 of the Spanish Trade Mark Law and Article 8(1) of Regulation No 40/94 (now Article 8(1) of Regulation No 207/2009). # Case T-485/07.
ECLI:EU:T:2011:467
62007TJ0485
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(Case T-485/07)
Community trade mark – Opposition proceedings – Application for Community figurative mark O-live – Earlier national trade name Olive line – Relative ground for refusal – Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009) – Right to prohibit use of a subsequent mark – Likelihood of confusion – Article 7 of the Spanish Trade Mark Law and Article 8(1) of Regulation No 40/94 (now Article 8(1) of Regulation No 207/2009)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 26 September 2007 (Case R 1478/2006-2) in opposition proceedings between Olive Line International, SL, and Mr Reinhard Knopf.
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 26 September 2007 (Case R 1478/2006-2);
2.Orders OHIM to pay the costs;
3.Orders Mr Reinhard Knopf to bear his own costs.