Judgment of the General Court (Seventh Chamber) of 10 November 2011 – Esprit International v OHIM – Marc O'Polo International (Representation of a letter on a pocket)

(Case T-22/10)

Community trade mark – Opposition proceedings – Application for the Community figurative mark consisting of the representation of a letter on a pocket – Earlier national figurative mark representing a letter – 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 106-108)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 19 November 2009 (Case R 1666/2008-4), relating to opposition proceedings between Marc O’Polo International GmbH and Esprit International LP.

Operative part

The Court:

1. Dismisses the action;

2. Orders Esprit International LP to pay the costs.