Judgment of the General Court (Seventh Chamber) of 22 September 2011 – ara v OHIM – Allrounder (A with two rectangular motifs)

(Case T-174/10)

Community trade mark – Opposition procedure – International registration covering the European Community – Figurative mark A with two triangular motifs – Earlier national word mark A – Relative ground for refusal – No likelihood of confusion – 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 207/2009, Art. 8(1)(b)) (see paras 22-24, 38)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 26 January 2010 (Case R 481/2009-1) concerning opposition proceedings between ara AG and Allrounder SARL.

Operative part

The Court:

1. Dismisses the action;

2. Orders ara AG to pay the costs.