ECLI:EU:T:2009:331

Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 – Zero Industry v OHIM – zero Germany (zerorh+) (Case T-400/06) Community trade mark – Opposition proceedings – Application for figurative Community mark zerorh+ – Earlier national figurative and word marks zero – Likelihood of confusion – Similarity of the signs – Similarity between products – Article 8(1)(b) of Regulation (EC) No 40/94 (now 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 40/94, Art. 8(1)(b)) (see paras 25-28, 77-89) Re: ACTION for annulment of the decision of the First Board of Appeal of OHIM of 5 October 2006 (Case R 958/2005-1) concerning opposition proceedings between zero Germany GmbH & Co. KG and Zero Industry Srl. Information relating to the case Applicant for the Community trade mark: Zero Industry Srl Community trade mark sought: Figurative mark ‘zerorh+’ for goods in Classes 9, 18 and 25 – Application No 2004547 Proprietor of the mark or sign cited in the opposition proceedings: zero Germany GmbH & Co. KG, formerly zero International Holding GmbH & Co. KG Mark or sign cited in opposition: The national figurative mark ‘zero’ for goods in Classes 18 and 25 and the national word mark ‘zero’ for goods in Class 9 Decision of the Opposition Division: Opposition upheld Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1.      Dismisses the action; 2.      Orders Zero Industry Srl to pay the costs.