Judgment of the General Court (Sixth Chamber) of 3 March 2010 – Lufthansa AirPlus Servicekarten v OHIM – Applus Servicios Tecnológicos (A+)
(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:
Lufthansa AirPlus Servicekarten GmbH
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:
1. Dismisses the action;
2. 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);
3. Orders Applus Servicios Tecnológicoas, SL to bear its own costs.
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