Judgment of the General Court (Fifth Chamber) of 26 October 2011 – Intermark v OHIM – Natex International (NATY'S)

(Case T-72/10)

Community trade mark – Opposition proceedings – Application for Community word mark NATY’S – Earlier Community figurative mark Naty – Relative ground for refusal – Likelihood of confusion – Similarity of goods – Article 8(1)(b) of Regulation (EC) No 207/2009 – Partial rejection of opposition

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 25, 38, 40)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 2 December 2009 (Case R 953/2009-2) relating to opposition proceedings between Intermark Srl and Natex International Trade SpA.

Operative part

The Court:

1. Dismisses the action;

2. Orders Intermark Srl to pay the costs.