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Case T-400/06: Judgment of the Court of First Instance of 16 September 2009 — Zero Industry v OHIM — zero Germany (zerorh+) (Community trade mark — Opposition proceedings — Application for figurative Community mark zerorh+ — Earlier national figurative and word marks zero — Likelihood of confusion — Similarity of the signs — Similarity between products — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62006TA0400
62006TA0400
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Official Journal of the European Union
C 267/56
(Case T-400/06)(<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for figurative Community mark zerorh+ - Earlier national figurative and word marks zero - Likelihood of confusion - Similarity of the signs - Similarity between products - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
2009/C 267/95
Language of the case: English
Parties
Applicant: Zero Industry Srl (Mariano Comense, Italy) (represented by: M. Rapisardi and N. Colombo, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance: zero Germany GmbH & Co. KG, formerly zero International Holding GmbH & Co. KG (Bremen, Germany) (represented by: W.-D. Kuntze, lawyer)
Re:
Action for annulment of the decision of the First Board of Appeal of OHIM of 5 October 2006 (Case R 958/2005-1) concerning opposition proceedings between zero Germany GmbH & Co. KG and Zero Industry Srl.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Zero Industry Srl to pay the costs.
(<span class="super">1</span>) OJ C 56, 10.3.2007.