Judgment of the General Court (Sixth Chamber) of 13 October 2011 – NEC Display Solutions Europe v OHIM – Nokia (NaViKey)

(Case T-393/09)

Community trade mark – Opposition proceedings – Application for Community word mark NaViKey – Earlier Community word mark NAVI – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Breach of the duty to state reasons – Article 75 of Regulation 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 22, 31, 55, 58-60)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 16 June 2009 (Case R 1143/2008-2), relating to opposition proceedings between Nokia Corp. and NEC Display Solutions Europe GmbH.

Operative part

The Court:

1. Dismisses the action;

2. Orders NEC Display Solutions Europe GmbH to pay the costs.