Judgment of the General Court of 8 September 2010 - Kido v OHIM - Amberes (SCORPIONEXO)
(Community trade mark - Opposition proceedings - Application for Community word mark SCORPIONEXO - Earlier national figurative mark ESCORPION - Relative ground 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))
Language of the case: Spanish
Parties
Applicant: Kido Industrial Ltd (Yangcheon-gu, Republic of Korea) (represented by: M. Mall, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carillo, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Amberes, SA (Igualada, Spain)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 31 January 2008 (Case R287/2007-1), relating to opposition proceedings between Amberes, SA and Kido Industrial Ltd.
Operative part of the judgment
The Court:
1. dismisses the action;
2. orders Kido Industrial Ltd to pay the costs.
____________1 - OJ C 158, 21.6.2008.