Judgment of the General Court of 13 September 2010 - Travel Service v OHIM - Eurowings Luftverkehrs (smartWings)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark smartWings - Earlier national and international word and figurative marks EUROWINGS and EuroWings - Relative ground 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) - Obligation to state the reasons on which the decision is based - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009) - Article 79 of Regulation No 40/94 (now Article 83 of Regulation No 207/2009)
Language of the case: English
Parties
Applicant: Travel Service a.s. (Prague, Czech Republic) (represented by: S. Hejdová and R. Charvát, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Eurowings Luftverkehrs AG (Nuremberg, Germany) (represented by: J. Schmidt, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 21 November 2007 (Case R 1515/2006-2), relating to opposition proceedings between Eurowings Luftverkehrs AG and Travel Service a.s.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Travel Service a.s. to pay, in addition to its own costs, the costs of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Eurowings Luftverkehrs AG.
____________1 - OJ C 107, 26.4.2008.