Judgment of the General Court (Eighth Chamber) of 8 September 2011 – MIP Metro v OHIM – Metronia (METRONIA)

(Case T-525/09)

Community trade mark – Opposition proceedings – Application for Community figurative mark METRONIA – Earlier national figurative mark METRO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

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 207/2009, Art. 8(1)(b)) (see paras 29, 41-42)

Re:

ACTION against the decision of the First Board of Appeal of OHIM of 8 October 2009 (Case R 1315/2006‑1), concerning opposition proceedings between MIP Metro Group Intellectual Property GmbH & Co. KG and Metronia, SA.

Operative part

The Court:

1. Dismisses the action;

2. Orders MIP Metro Group Intellectual Property GmbH & Co. KG to pay the costs.