Judgment of the General Court (Second Chamber) of 24 January 2012 – Indo Internacional v OHIM – Visual (VISUAL MAP)

(Case T-260/08)

Community trade mark – Opposition proceedings – Application for Community word mark VISUAL MAP – Earlier national word mark VISUAL – Relative ground for refusal – 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 207/2009, Art. 8(1)(b)) (see paras 25-30, 42-47)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 15 April 2008 (Case R 700/2007‑1), concerning opposition proceedings between Visual SA and Indo Internacional, SA.

Operative part

The Court:

1. Dismisses the action;

2. Orders Indo Internacional, SA to pay the costs.