(Case T-112/09)

Community trade mark – Opposition proceedings – Application for Community word mark ICEBREAKER – Earlier national word mark ICEBERG – Relative ground for refusal – Likelihood of confusion – Partial refusal to register – Article 8(1)(b) of Regulation (EC) No 40/94 (now 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 40/94, Art. 8(1)(b)) (see paras 22, 48)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 January 2009 (Case R 1536/2007-4) relating to opposition proceedings between Gilmar SpA and Icebreaker Ltd.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Word mark ICEBREAKER for goods in Classes 9, 24 and 25 – Application No 3205523

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

Gilmar SpA

Mark or sign cited in opposition:

Italian trade mark registration of the word mark ICEBERG for goods in Class 25; international trade mark registration of the word mark ICEBERG for goods in Class 25; Spanish trade mark registration of the word mark ICEBERG for goods in Class 25; Italian trade mark registration of the word mark ICE for goods in Class 25; international trade mark registration of the word mark ICE for goods in Class 25

Decision of the Opposition Division:

Opposition partially upheld

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Icebreaker Ltd to pay the costs.