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Case T-84/08: Judgment of the General Court of 7 April 2011 — Intesa Sanpaolo v OHIM — MIP Metro (COMIT) (Community trade mark — Opposition proceedings — Application for Community word mark COMIT — Earlier national figurative mark Comet — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — Article 8(3) of Regulation (EC) No 216/96)
ECLI:EU:UNKNOWN:62008TA0084
62008TA0084
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Official Journal of the European Union
C 152/19
(Case T-84/08)(1)
(Community trade mark - Opposition proceedings - Application for Community word mark COMIT - Earlier national figurative mark Comet - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Article 8(3) of Regulation (EC) No 216/96)
2011/C 152/33
Language of the case: English
Parties
Applicant: Intesa Sanpaolo SpA (Turin, Italy) (represented by: A. Perani and P. Pozzi, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany) (represented by R. Kaase, J.-C. Plate and M. Berger, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 19 December 2007 (Case R 138/2006-4), concerning opposition proceedings between MIP Metro Group Intellectual Property GmbH & Co. KG and Intesa Sanpaolo SpA.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 19 December 2007 (Case R 138/2006-4) to the extent that it dismisses the claim made by Intesa Sanpaolo SpA in respect of the goods in Class 16;
2.Dismisses the action as to the remainder;
3.Orders OHIM to bear its own costs, together with half of the costs incurred by Intesa Sanpaolo;
4.Orders MIP Metro Group Intellectual Property GmbH & Co. KG to bear its own costs.
(1) OJ C 116, 9.5.2008.