Community trade mark - Opposition proceedings - Application for community figurative mark stabilator - Earlier Community word mark STABILAT - Relative ground for refusal - No likelihood of confusion - No similarity of goods and services - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).

Judgment of the General Court (Fourth Chamber) of 7 July 2010 – Herhof v OHIM – Stabilator (stabilator) (Case T-60/09) Community trade mark – Opposition proceedings – Application for community figurative mark stabilator – Earlier Community word mark STABILAT – Relative ground for refusal – No likelihood of confusion – No similarity of goods and services – 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 para. 51) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 16 December 2008 (Cases R 483/2008-4 and R 705/2008-4), relating to opposition proceedings between Herhof-Verwaltungsgesellschaft mbH and Stabilator sp. z o.o. Information relating to the case Applicant for the Community trade mark: Stabilator sp. z o.o. Community trade mark sought: Figurative mark stabilator for goods and services in Classes 19, 37 and 42 – Application No 4068961 Proprietor of the mark or sign cited in the opposition proceedings: Herhof-Verwaltungsgesellschaft mbH Mark or sign cited in opposition: Word mark STABILAT for goods in Classes 1, 7, 11, 20, 37, 40 and 42 Decision of the Opposition Division: Opposition upheld in part and application for registration rejected in part Decision of the Board of Appeal: Contested decision dismissed in part and opposition dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Herhof-Verwaltungsgesellschaft mbH to pay the costs.