Judgment of the General Court of 1 February 2012 - mtronix v OHIM - Growth Finance (mtronix)
(Case T-353/09)
(Community trade mark - Opposition proceedings - Application for Community word mark mtronix - Earlier Community word mark Montronix - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: mtronix OHG (Berlin, Germany) (represented by: M. Schnetzer, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Growth Finance AG (Zug, Switzerland)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 23 June 2009 (Case R 1557/2007-4) concerning opposition proceedings between Growth Finance AG and mtronix OHG.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders mtronix OHG to pay the costs.
____________1 - OJ C 282, 21.11.2009.