Community trade mark - Opposition proceedings - Application for Community figurative mark O-live - Earlier national trade name Olive line - Relative ground for refusal - Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009) - Right to prohibit use of a subsequent mark - Likelihood of confusion - Article 7 of the Spanish Trade Mark Law and Article 8(1) of Regulation No 40/94 (now Article 8(1) of Regulation No 207/2009).

Judgment of the General Court (Sixth Chamber) of 14 September 2011 – Olive Line International v OHIM – Knopf (O-live) (Case T-485/07) Community trade mark – Opposition proceedings – Application for Community figurative mark O-live – Earlier national trade name Olive line – Relative ground for refusal – Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009) – Right to prohibit use of a subsequent mark – Likelihood of confusion – Article 7 of the Spanish Trade Mark Law and Article 8(1) of Regulation No 40/94 (now Article 8(1) of Regulation No 207/2009) 1.                     Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an unregistered trade mark or other sign used in the course of trade – Conditions – Interpretation in the light of Community law – Assessment having regard to criteria laid down by national law governing the sign invoked (Council Regulation No 40/94, Art. 8(4)) (see paras 49-51) 2.                     Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an unregistered trade mark or other sign used in the course of trade (Council Regulation No 40/94, Art. 8(4)) (see paras 67, 103-107) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 26 September 2007 (Case R 1478/2006-2) in opposition proceedings between Olive Line International, SL, and Mr Reinhard Knopf. Operative part The Court: 1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 September 2007 (Case R 1478/2006-2); 2. Orders OHIM to pay the costs; 3. Orders Mr Reinhard Knopf to bear his own costs.