Judgment of the General Court (Fifth Chamber) of 10 November 2011 – Three‑N‑Products Private v OHIM – Shah (AYUURI NATURAL)

(Case T-313/10)

Community trade mark – Opposition proceedings – Application for Community word mark AYUURI NATURAL – Earlier Community word and figurative marks AYUR – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – 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 54, 64-65)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 1 June 2010 (Case R 1005/2009‑4), relating to opposition proceedings between (i) Three‑N‑Products Private Ltd and (ii) S. Shah, A. Shah and Mr M. Shah.

Operative part

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office for the Harmonisation of the Internal Market (Trade Marks and Designs) of 1 June 2010 (Case R 1005/2009‑4);

2. Orders OHIM to pay its own costs and those of Three‑N‑Products Private Ltd;

3. Orders Sheleish Shah and Akhil Shah to bear their own costs and the costs necessarily incurred by Three‑N‑Products Private Ltd for the purposes of the proceedings before the Fourth Board of Appeal.