Judgment of the General Court (Sixth Chamber) of 17 December 2009 – Notartel v OHIM–SAT.1 (R.U.N.)
(Case T-490/07)
Community trade mark – Opposition proceedings – Application for Community word mark R.U.N. – Earlier Community and national word marks ‘ran’ – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No40/94 (now Article 8(1)(b) of Regulation (EC) No207/2009) – Obligation to state reasons – Article 73 of Regulation No40/94 (now Article 75 of Regulation No 207/2009) – Partial refusal of registration)
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 52, 71)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 22 October 2007 (Case R1267/2006-4) concerning opposition proceedings between SAT.1 SatellitenFernsehen GmbH and Notartel SpA – Società informatica del Notariato. |
Information relating to the case
Applicant for the Community trade mark: | Notartel SpA – Sociétà informatica del Notariato |
Community trade mark sought: | Word mark R.U.N. for services in Classes 35, 38 and 42 – Application No 1069863 |
Proprietor of the mark or sign cited in the opposition proceedings: | SAT.1 SatellitenFernsehen GmbH |
Mark or sign cited in opposition: | Community and national word mark ran, for goods and services in Classes 9, 35, 38, 41 and 42 |
Decision of the Opposition Division: | Opposition dismissed |
Decision of the Board of Appeal: | Appeal allowed in part, in respect of some services in Classes 38 and 42 |
Operative part
The Court:
1. |
| Dismisses the action; |
2. |
| Orders Notartel SpA – Società informatica del Notariato to pay the costs. |