Judgment of the General Court (Fourth Chamber) of 23 November 2011 – The Pukka Luggage Company v OHIM – Azpiroz Arruti (PUKKA)

(Case T-483/10)

Community trade mark – Opposition proceedings – Application for Community word mark PUKKA – Opposition by the proprietor of Community and national figurative marks featuring the word element pukas – Article 8(1)(b) of Regulation (EC) No 207/2009 – Partial refusal to register

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 17, 54)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 29 July 2010 (Case R 1175/2008‑4), concerning opposition proceedings between Jesús Miguel Azpiroz Arruti and The Pukka Luggage Company Ltd.

Operative part

The Court:

1. Dismisses the action;

2. Orders The Pukka Luggage Company Ltd to pay the costs.