Community trade mark - Opposition proceedings - Application for the Community figurative mark Cheapflights - Earlier national figurative mark Cheapflights - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009.

Judgment of the General Court (Seventh Chamber) of 5 May 2011 – CheapFlights International v OHIM – Cheapflights (Cheapflights) (Case T-460/09) Community trade mark – Opposition proceedings – Application for Community figurative mark Cheapflights – Earlier national figurative mark CheapFlights – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – 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 – Similarity of the marks concerned – Criteria for assessment – Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 32-33) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 31 August 2009 (Case R 1356/2007-4), relating to opposition proceedings between CheapFlights International Ltd and Cheapflights Ltd. Information relating to the case Applicant for the Community trade mark: Cheapflights Ltd Community trade mark sought: Figurative mark Cheapflights for goods and services in Classes 9, 16, 35, 38, 39 and 41 to 44 Proprietor of the mark or sign cited in the opposition proceedings: CheapFlights International Ltd Mark or sign cited in opposition: Irish trade mark registration of the figurative sign CheapFlights for services in Classes 35, 36, 38, 39, and 41 to 44; Irish trade mark application for the word mark CHEAPFLIGHTS for services in Classes 35, 39 and 43; Irish trade mark registration of the word mark CHEAPFLIGHTS for services in Classes 38, 41, 42 and 44; Irish trade mark registration of the figurative sign CheapFlights.ie for services in Classes 35, 39, 41 to 43; International trade mark registration of the figurative sign CheapFlights for services in Classes 35, 38, 39 and 42 Decision of the Opposition Division: Opposition upheld in part Decision of the Board of Appeal: Contested decision annulled; opposition dismissed in its entirety Operative part The Court: 1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 31 August 2009 (Case R 1356/2007-4); 2. Dismisses the action as to the remainder; 3. Orders OHIM and Cheapflights Ltd to pay the costs including those incurred by CheapFlights International Ltd in the proceedings before the Board of Appeal.