Judgment of the General Court (Second Chamber) of 21 March 2012 — Volkswagen v OHIM — Suzuki Motor (SWIFT GTi)
(Case T-63/09)
Community Trade Mark — Opposition proceedings — Application for Community word mark SWIFT GTi — Earlier international and national marks GTI — Relative grounds for refusal — Similarity of the goods — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — Assessment of the likelihood of confusion — Rejection of the opposition
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 40-42, 117-118, 127, 131-135)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 9 December 2008 (Case R 749/2007-2) relating to opposition proceedings between Volkswagen AG and Suzuki Motor Corp.
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Volkswagen AG to pay the costs.
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