Judgment of the General Court (Third Chamber) of 18 February 2011 – P.P.TV v OHIM – Rentrak (PPT)
(Case T-118/07)
Community trade mark – Opposition proceedings – Application for Community word mark PPT – Earlier national figurative mark PPTV – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) 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 24, 75)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 17 January 2007 (Case R1040/2005-1) concerning opposition proceedings between P.P.TV – Publicidade de Portugal e Televisão, SA and Rentrak Corp. |
Information relating to the case
Applicant for the Community trade mark: | Rentrak Corp. |
Community trade mark sought: | Word mark PPT for services in Class 41 – Application No 1758382 |
Proprietor of the mark or sign cited in the opposition proceedings: | P.P.TV – Publicidade de Portugal e Televisão, SA |
Mark or sign cited in opposition: | National figurative mark PPTV for services in Class 41 |
Decision of the Opposition Division: | Opposition upheld and application for registration of a Community trade mark rejected |
Decision of the Board of Appeal: | Annulment of the Opposition Division’s decision and rejection of the opposition |
Operative part
The Court:
|
| 1.Dismisses the action; |
2. |
| 2. Orders P.P.TV – Publicidade de Portugal e Televisão, SA, to pay the costs. |