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 R 1040/2005-1) 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.