Community trade mark - Opposition proceedings - Application for Community figurative mark Wind - Earlier national figurative mark Wind - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Lack of similarity of the goods and of the services.

Judgment of the General Court (Eighth Chamber) of 15 December 2010 – Wind v OHIM – Sanyang Industry (Wind) (Case T-451/09) Community trade mark – Opposition proceedings – Application for Community figurative mark Wind – Earlier national figurative mark Wind – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 – No similarity of goods and services 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 207/2009, Art. 8(1)(b)) (see points 21, 23-32) Re: ACTION against the decision of the Fourth Board of Appeal of OHIM of 3 September 2009 (Case R 1470/2008-4), relating to opposition proceedings between Mr Harry Wind and Sanyang Industry Co., Ltd. Information relating to the case Applicant for the Community trade mark: Sanyang Industry Co., Ltd Community trade mark sought: Figurative mark Wind for goods and services in Classes 11, 12 and 37 – Application No 3362605 Proprietor of the mark or sign cited in the opposition proceedings: Harry Wind Mark or sign cited in opposition: German trade mark registration of the figurative mark Wind for services in Class 37 Decision of the Opposition Division: Opposition dismissed Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Mr Harry Wind to pay the costs.