Judgment of the General Court (Second Chamber) of 20 September 2011 – Dornbracht v OHIM – Metaform Lucchese (META)

(Case T-1/09)

Community trade mark – Opposition procedure – Application for the Community word mark META – Earlier Community figurative mark METAFORM – Relative grounds for refusal – Similarity of the goods and the signs – Refusal of registration – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Likelihood of confusion

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 26, 49, 54, 59, 63-64)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 November 2008 (Case R 1152/2006-4) concerning opposition proceedings between Metaform Lucchese SpA and Aloys F. Dornbracht GmbH & Co KG.

Operative part

The Court:

1. Dismisses the action;

2. Orders Dornbracht GmbH & Co. KG to pay the costs.