(Case T-321/07)

Community trade mark – Opposition proceedings – Application for Community figurative mark A+ – Earlier Community word mark AirPlus International – Relative grounds for refusal – No likelihood of confusion – Lack of similarity between the signs – Duty to state reasons – Rights of the defence – Articles 8(1)(b) and (5), 73, 74 and 79 of Regulation (EC) No 40/94 (now Articles 8(1)(b) and (5), 75, 76 and 83 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 40/94, Art. 8(1)(b)) (see paras 30, 43)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 7 June 2007 (Case R 310/2006-2), relating to opposition proceedings between Lufthansa AirPlus Servicekarten GmbH and Applus Servicios Tecnológicos, SL.

Information relating to the case

Applicant for the Community trade mark:

Applus Servicios Tecnológicos, SL

Community trade mark sought:

Figurative trade mark ‘A+’ for goods and services in Classes 9, 35, 36, 37, 40, 41 and 42 – application No 2933356

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

Mark or sign cited in opposition:

Community word mark Airplus International for goods and services in Classes 9, 35, 36 and 42

Decision of the Opposition Division:

Opposition dismissed

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

Dismisses the action;

Orders Lufthansa AirPlus Servicekarten GmbH to bear its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);

Orders Applus Servicios Tecnológicos, SL to bear its own costs.