Judgment of the General Court (Fifth Chamber) of 23 September 2011 – NEC Display Solutions Europe v OHIM – C More Entertainment (see more)

(Case T-501/08)

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)

1.                     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 40/94, Art. 8(1)(b)) (see paras 21-22, 58)

2.                     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 – Weak distinctiveness of the earlier mark – Effect (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 57)

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

The Court:

1. Dismisses the action;

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