Judgment of the General Court of 8 September 2010 - Icebreaker v OHIM - Gilmar (ICEBREAKER)
(Community trade mark - Opposition proceedings - Application for Community word mark ICEBREAKER - Earlier national word mark ICEBERG - Relative ground for refusal - Likelihood of confusion - Partial refusal to register - 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: Icebreaker Ltd (Wellington, New Zealand) (represented by: L. Prehn, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Gilmar SpA (San Giovanni in Marignano, Italy) (represented by: P. Perani and P. Pozzi, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 January 2009 (Case R 1536/2007-4) relating to opposition proceedings between Gilmar SpA and Icebreaker Ltd.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Icebreaker Ltd to bear the costs.
____________1 - OJ C 113, 16.5.2009.