Language of document :

Judgment of the General Court of 1 February 2012 - mtronix v OHIM - Growth Finance (mtronix)

(Case T-353/09) 

(Community trade mark - Opposition proceedings - Application for Community word mark mtronix - Earlier Community word mark Montronix - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

Language of the case: German

Parties

Applicant: mtronix OHG (Berlin, Germany) (represented by: M. Schnetzer, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Growth Finance AG (Zug, Switzerland)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 23 June 2009 (Case R 1557/2007-4) concerning opposition proceedings between Growth Finance AG and mtronix OHG.

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders mtronix OHG to pay the costs.

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1 - OJ C 282, 21.11.2009.