петък, 3 юни 2011 г.

New decisions of the European Court - Нови решения на Европейския съд


OHIM публикува нови решения на Европейския съд касаещи казуси с търговски марки и дизайни на Общността. Те са:

1. C-45/11P (appeal from T-404/09); Board's case: R0379/2009-1; CTMA No: 6 733 315; Judgment of 12/11/2010; Language of the case: DE (Action dismissed; Board and Office's practice confirmed)

FACTS: Deutsche Bahn AG applied to register as a CTM the colour mark shown below consisting of the combination of the colours grey and red for services in Class 39. The examiner refused the registration on the basis of Article 7(1)(b) CTMR.
The General Court dismissed the appeal.

2. Solaria: C-67/11P (appeal from T-188/10); Board's case: R0767/2009-2; OD case: B 1 174 614; CTMA No: 5 153 325; Office response filed on 19/04/2011; Language of the case: ES

FACTS: DTL Corporación, S.L. applied to register as a CTM the figurative mark shown below for services in Classes 37, 41 and 42. Gestión de Recursos y Soluciones Empresariales, S.L. filed an opposition based on the earlier Spanish TM for the figurative mark shown below registered for services in Classes 37 and 42. The grounds were those laid down in Article 8(1)(b) CTMR.
Before the General Court, the applicant claimed incorrect interpretation and application of Article 8(1)(b) CTMR. The appeal was dismissed.

3. RUN THE GLOBE: T-12/09; Board's case: R1779/2007-1; CTMA No: 5 154 521; Judgment of 07/04/2011; Language of the case: DE (Action dismissed; Board and Office's practice confirmed)

FACTS: Alexander Gruber applied for the registration of the word mark ‘Run the globe’ for ‘organisation and running of sporting events’ in Class 41. The Examination Division refused the Community trade mark application on the basis of Article 7(1)(b) and (c) and Article 7(2) CTMR with respect to the services in class 41. The GC confirmed the Boards conclusion that the sign “Run the globe” was devoid of distinctive character for the services in question (para. 30)

4. COMIT: T-84/08; Board's case: R138/2006-4; OD case: B 675 803; CTMA No: 3 104 155; Judgment of 07/04/2011; Language of the case: EN (Action upheld)

FACTS: Entesa Sanpaolo filed a CTM application for the word mark “COMIT” for goods and services in Classes 16, 35, 36, 41 and 42. MIP Metro Group based its opposition on the earlier German figurative mark shown below for goods and services in Classes 9, 16, 35, 36, 41 and 42. The opposition was directed against all the goods and services of the CTM application. The opponent claimed Article 8(1)(b) CTMR.
The GC found that the Board did not err in finding that there is a likelihood of confusion within the meaning of Article 8(1)(b) CTMR in respect of the services referred to above (para.47).

5. T-159/10; Board's case: R1018/2009-2; CTMA No: 7 576 218; Judgment of 13/04/2011; Language of the case: FR (Action dismissed; Board and Office's practice confirmed)
FACTS: Air France applied to register as a CTM the figurative mark shown below for goods and services in Classes 9, 14, 16, 18, 21, 24, 25, 28, 35 to 39 and 41 to 45. The examiner refused the registration on the basis of Article 7(1)(b) CTMR.
Finally, the GC recalled that the legality of decisions of the Boards must be assessed solely on the basis of the CTMR, as interpreted by the Court and not on the basis of previous decisions (para.37).

English version

OHIM publishes new decisions of the European Court concerning the case of Community trademarks and designs. They are: