Community trade mark - Opposition proceedings - Application for figurative Community trade mark CA - Earlier Community word and figurative marks KA - Relative ground for refusal - No likelihood of confusion - 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 (Third Chamber) of 22 March 2011 – Ford Motor v OHIM – Alkar Automotive (CA) (Case T-486/07) Community trade mark – Opposition proceedings – Application for figurative Community trade mark CA – Earlier Community word and figurative marks KA – Relative ground for refusal – No 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 27, 92) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 25 October 2007 (Case R 85/2006-4), relating to opposition proceedings between Ford Motor Company and Alkar Automotive, SA. Information relating to the case Applicant for the Community trade mark: Alkar Automotive, SA Community trade mark sought: Figurative mark CA for, inter alia, goods in Classes 9, 11 and 12 – Application No 3186764 Proprietor of the mark or sign cited in the opposition proceedings: Ford Motor Company Mark or sign cited in opposition: Community word and figurative marks KA for goods and services in Classes 9, 12, 14, 16, 18, 20, 21, 27, 32 and 37 Decision of the Opposition Division: Opposition rejected in its entirety Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Ford Motor Company to pay the costs.