Judgment of the General Court of 20 October 2011 - Poloplast v OHIM - Polypipe (P)
(Case T-189/09)
(Community trade mark - Opposition proceedings - Application for Community trade mark P - Earlier figurative Community marks P and P POLYPIPE - Relative grounds for refusal - Likelihood of confusion - Similarity of the signs - 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: German
Parties
Applicant: Poloplast GmbH & Co. KG (Leonding, Austria) (represented by: G. Bruckmüller, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Pethke, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Polypipe Ltd (Edlington, United Kingdom) (represented by: initially K.E. Gilbert and M.H. Blair, Solicitors, subsequently K.E. Gilbert, M.H. Blair and S.S. Malynicz, Barrister)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 25 February 2009 (Case R 80/2008-2) relating to opposition proceedings between Polypipe Ltd and Poloplast GmbH & Co. KG.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Poloplast GmbH & Co. KG to pay the costs, including the costs necessarily incurred by Polypipe Ltd for the purposes of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
____________1 - OJ C 167, 18.7.2009.