(Case T-485/10)

Community trade mark — Opposition proceedings — Application for Community word mark MISS B — Earlier national word mark miss H — Earlier international word mark Miss H — Earlier national and international figurative marks Miss H. — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009

3. 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 — Similarity of the marks concerned — Criteria for assessment — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 25)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 5 August 2010 (Case R 1526/2009-1) concerning opposition proceedings between MIP Metro Group Intellectual Property GmbH & Co. KG and J.C. Ribeiro, SGPS, SA.

Operative part

The Court:

1.Dismisses the action;

2.Orders MIP Metro Group Intellectual Property GmbH & Co. KG to bear its own costs and to pay the costs incurred by OHIM;

3.Orders J.C. Ribeiro, SGPS, SA to pay its own costs.