Judgment of the General Court of 15 December 2010 - Wind v OHIM-Sanyang Industry (Wind)
(Community trade mark - Opposition proceedings - Application for Community figurative mark Wind - Earlier national figurative mark Wind - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Lack of similarity of the goods and of the services)
Language of the case: English
Parties
Applicant: Harry Wind (Selfkant, Germany) (represented by: J. Sroka, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Sanyang Industry Co., Ltd (Hsinchu, Taïwan)
Re:
ACTION against the decision of the Fourth Board of Appeal of OHIM of 3 September 2009 (Case R 1470/2008-4), relating to opposition proceedings between Harry Wind and Sanyang Industry Co., Ltd
Operative part of the judgment
The Court:
Dismisses the action;
Orders Mr Harry Wind to pay the costs.
____________1 - OJ C 24, 30.1.2010.