Judgment of the General Court (Eighth Chamber) of 15 December 2010 – Wind v OHIM – Sanyang Industry (Wind)
(Case T-451/09)
Community trade mark – Opposition proceedings – Application for Community figurative mark Wind – Earlier national figurative mark Wind – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 – No similarity of goods and services
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 207/2009, Art. 8(1)(b)) (see points 21, 23-32)
Re:
ACTION against the decision of the Fourth Board of Appeal of OHIM of 3 September 2009 (Case R 1470/2008-4), relating to opposition proceedings between Mr Harry Wind and Sanyang Industry Co., Ltd.
Information relating to the case
Applicant for the Community trade mark:
Sanyang Industry Co., Ltd
Community trade mark sought:
Figurative mark Wind for goods and services in Classes 11, 12 and 37 – Application No 3362605
Proprietor of the mark or sign cited in the opposition proceedings:
Harry Wind
Mark or sign cited in opposition:
German trade mark registration of the figurative mark Wind for services in Class 37
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 Mr Harry Wind to pay the costs.
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