Judgment of the General Court of 21 March 2011 - Visti Beheer v OHIM - Meister (GOLD MEISTER)
(Community trade mark - Opposition proceedings - Application for figurative Community trade mark GOLD MEISTER - Earlier national and Community trade marks MEISTER - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Visti Beheer BV (Helmond, The Netherlands) (represented by: A. Herbetz, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Meister & Co. AG (Wollerau, Switzerland) (represented by: V. Knies, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 26 June 2009 (Case R 1465/2008-1) concerning opposition proceedings between Meister & Co. AG and Visti Beheer BV
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Visti Beheer BV to bear its own costs and pay those incurred by OHIM;
3. Orders Meister & Co. AG to bear its own costs.
____________1 - OJ C 282, 21.11.2009.