Community trade mark - Opposition proceedings -Application for Community figurative mark Mirtillino - Earlier Community word mark MIRTO - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).

Judgment of the General Court (Third Chamber) of 19 March 2010 – Mirto Corporación Empresarial v OHIM – Maglificio Barbara (Mirtillino) (Case T-427/07) Community trade mark – Opposition proceedings – Application for Community figurative mark Mirtillino – Earlier Community word mark MIRTO – 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) 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 40‑42, 81) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 29 August 2007 (Case R 875/2006-2), relating to opposition proceedings between Creaciones Mirto SA and Maglificio Barbara Srl. Information relating to the case Applicant for the Community trade mark: Maglificio Barbara Srl Community trade mark sought: Figurative mark Mirtillino for goods in Classes 3, 18 and 25 – application No 3252467 Proprietor of the mark or sign cited in the opposition proceedings: Creaciones Mirto, SA; the applicant following transfer of the marks at issue in the opposition proceedings Mark or sign cited in opposition: Word mark MIRTO (Community trade mark No 1653351) for goods in Classes 3, 18 and 25 and various other national word and figurative marks MIRTO Decision of the Opposition Division: Opposition partly upheld Decision of the Board of Appeal: Annulment of the decision under appeal and dismissal of the opposition Operative part The Court: 1. Dismisses the action; 2. Orders Mirto Corporación Empresarial, SL to pay the costs.