Judgment of the General Court of 7 July 2010 - Herhof v OHIM - Stabilator(stabilator)
(Community trade mark - Opposition proceedings - Application for community figurative mark stabilator - Earlier Community word mark STABILAT - Relative ground for refusal - No likelihood of confusion - No similarity of goods and services - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
Language of the case: German.
Parties
Applicant: Herhof-Verwaltungsgesellschaft mbH (Solms, Germany) (represented by: A. Zinnecker and T. Bösling, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Stabilator sp. z o.o. (Gdynia, Poland) (represented by: M. Kacprzak, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 16 December 2008 (Cases R 483/2008-4 and R 705/2008-4), relating to opposition proceedings between Herhof-Verwaltungsgesellschaft mbH and Stabilator sp. z o.o.
Operative part of the judgment
The Court:
1. dismisses the action;
2. orders Herhof-Verwaltungsgesellschaft mbH to pay the costs.
____________1 - OJ C 102, of 1.5.2009.