Judgment of the General Court (Eighth Chamber) of 15 December 2010 – Wind v OHIM – Sanyang Industry (Wind)
(Case T-451/09)
Community trade mark – Opposition proceedings – Application for Community figurative mark Wind – Earlier national figurative mark Wind – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 – No similarity of goods and services
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 points 21, 23-32)
Re:
| ACTION against the decision of the Fourth Board of Appeal of OHIM of 3 September 2009 (Case R 1470/2008-4), relating to opposition proceedings between Mr Harry Wind and Sanyang Industry Co., Ltd. |
Information relating to the case
Applicant for the Community trade mark: | Sanyang Industry Co., Ltd |
Community trade mark sought: | Figurative mark Wind for goods and services in Classes 11, 12 and 37 – Application No 3362605 |
Proprietor of the mark or sign cited in the opposition proceedings: | Harry Wind |
Mark or sign cited in opposition: | German trade mark registration of the figurative mark Wind for services in Class 37 |
Decision of the Opposition Division: | Opposition dismissed |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
2. | | Orders Mr Harry Wind to pay the costs. |