Judgment of the General Court of 23 September 2011 - NEC Display Solutions Europe v OHIM - C More Entertainment (see more)
(Community trade mark - Opposition proceedings - Application for a Community figurative mark 'see more' - Earlier national word marks CMORE - 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)
Language of the case: English
Parties
Applicant: NEC Display Solutions Europe GmbH (Munich, Germany) (represented by: P. Munzinger, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: W. Verburg, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: C More Entertainment AB (Stockholm, Sweden) (represented by: R. Almaraz Palmero, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 28 August 2008 (Case R 1388/2007-4) relating to opposition proceedings between C More Entertainment AB and NEC Display Solutions Europe GmbH
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders NEC Display Solutions Europe GmbH to pay the costs.
____________1 - OJ C 19, 24.1.2009.