Judgment of the General Court (Second Chamber) of 17 January 2012 – Hell Energy Magyarország v OHIM – Hansa Mineralbrunnen (HELL)

(Case T-522/10)

Community trade mark – Opposition proceedings – Application for the Community figurative mark HELL – Earlier Community word mark HELLA – Relative ground for refusal – Likelihood of confusion – Similarity of the goods and of the signs – 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 207/2009, Art. 8(1)(b)) (see paras 29, 33-34, 67)

Re:

ACTION against the decision of the First Board of Appeal of OHIM of 5 August 2010 (Case R 1517/2009-1), relating to opposition proceedings between Hansa Mineralbrunnen GmbH and Hell Energy Magyarország.

Operative part

The Court:

1. Dismisses the action;

2. Orders Hell Energy Magyarország kft to pay the costs.