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Judgment of the General Court (First Chamber) of 1 February 2012. # mtronix OHG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark mtronix - Earlier Community word mark Montronix - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-353/09.
ECLI:EU:T:2012:40
62009TJ0353
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Community trade mark — Opposition proceedings — Application for Community word mark mtronix — Earlier Community word mark Montronix — 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 28, 49‑52)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 23 June 2009 (Case R 1557/2007‑4) concerning opposition proceedings between Growth Finance AG and mtronix OHG.
Operative part
The Court:
1.Dismisses the action;
2.Orders mtronix OHG to pay the costs.