Judgment of the General Court (Second Chamber) of 18 October 2011 – SLV Elektronik v OHIM – Jiménez Muñoz (LINE)

(Case T-449/08)

Community trade mark – Opposition proceedings – Application for the Community figurative mark LINE – Earlier national word and figurative marks Line – Partial refusal to register – Relative grounds for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now 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 40/94, Art. 8(1)(b)) (see paras 42, 51-53)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 18 July 2008 (Case R 759/2007-4), relating to opposition proceedings between Angel Jiménez Muñoz and SLV Elektronik GmbH.

Operative part

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 18 July 2008 (Case R 759/2007-4) in so far as concerns the goods ‘mains‑operated lights, lighting apparatus and installations, stage effects lighting apparatus; electric lamps; individual parts for the aforesaid goods’ in Class 11;

2. Orders OHIM to pay the costs.