(Case C-67/11 P)

Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Opposition procedure – Figurative mark containing the word element ‘Solaria’ and earlier national figurative mark containing the word element ‘Solartia’ – Registration refused in part – Likelihood of confusion – Request for a stay of the proceedings before the General Court – Failure to lodge the request in good time

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 – Composite mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 40-41)

Re:

Appeal brought against the judgment of the General Court (Fourth Chamber) of 15 December 2010 in Case T‑188/10 DTL v OHIM – Gestión de Recursos y Soluciones Empresariales (Solaria) by which that court dismissed an action brought against the decision of the Second Board of Appeal of OHIM of 17 February 2010 (Case R 767/2009-2) relating to opposition proceedings between Gestión de Recursos y Soluciones Empresariales SL and DTL Corporación SL.

Operative part

1.There is no need to adjudicate on the appeal in so far as it concerns the services falling within Class 37 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended.

2.The appeal is dismissed in so far as it concerns the services falling within Class 42 of the Nice Agreement.

3.DTL Corporación SL is ordered to pay the costs.