Judgment of the General Court (Fourth Chamber) of 24 May 2011 – Space Beach Club v OHIM – Flores Gómez (SpS space of sound)

(Case T-144/10)

Community trade mark – Opposition proceedings – Application for Community figurative mark ‘SpS space of sound’ – Earlier national and Community figurative marks ‘space ibiza’, ‘space DANCE BARCELONA’, ‘space DANCE MADRID’, ‘space DANCE VALENCIA’, ‘space DANCE MALLORCA’, ‘space DANCE EIVISSA’, ‘space SPACE IBIZA WORLD’, ‘space DANCE’ and earlier national word mark ‘SPACE VIVA’ – Relative ground for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EC) No 207/2009

1.                     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 – Similarity of the marks concerned – Criteria for assessment – Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 38-40)

2.                     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, 36-37, 58, 60, 65)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 18 January 2010 (Case R 766/2009-2) concerning opposition proceedings between Space Beach Club, SA and Miguel Ángel Flores Gómez.

Information relating to the case

Applicant for the Community trade mark:	Miguel Ángel Flores Gómez
Community trade mark sought:	Figurative mark SPS space of sound for goods and services in Classes 9, 35 and 41 – Application No 5683693
Proprietor of the mark or sign cited in the opposition proceedings:	Space Beach Club, SA
Mark or sign cited in opposition:	Earlier national and Community figurative marks space Ibiza, space DANCE BARCELONA, space DANCE MADRID, space DANCE VALENCIA, space DANCE MALLORCA, space DANCE EIVISSA, space SPACE IBIZA WORLD, space DANCE and earlier national word mark SPACE VIVA for goods and services in Classes 9, 25 and 41
Decision of the Opposition Division:	Opposition dismissed
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. 1. Dismisses the action;

2. 2. Orders Space Beach Club, SA to pay the costs.