Judgment of the General Court of 13 October 2011 - NEC Display Solutions Europe GmbH v OHIM - Nokia (NaViKey)
(Community trade mark - Opposition proceedings - Application for Community word mark NaViKey - Earlier Community word mark NAVI - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Breach of the duty to state reasons - Article 75 of Regulation 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: S. Hanne, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Nokia Corp. (Espoo, Finland) (represented by J. Tanhuanpää, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 16 June 2009 (Case R 1143/2008-2), relating to opposition proceedings between Nokia Corp. 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 297, 5.12.2009.