Source: All England Reporter
Publisher Citation: [2014] All ER (D) 97 (Feb)
Court: General Court of the European Union (Eighth Chamber)
Judge:

Judges Gratsias (President), Kancheva (Rapporteur) and Wetter

Judgment Dates: 16 January 2014

Catchwords

European Union - Trade marks - Registration - Intervener company applying for registration of figurative word sign 'MICRO' in black and white as Community trade mark - Applicant company successfully filing notice of opposition against intervener's application on basis of earlier Spanish figurative mark 'MICRO' in light blue and dark blue - Respondent's Fourth Board of Appeal upholding intervener's appeal against decision to uphold opposition - Whether Board erring - Whether likelihood of confusion existing - Council Regulation (EC) 207/2009, art 8(1)(b).

The Case

European Union Trade marks. The General Court of the European Union allowed the action brought by Investronica, SA (Investronica) against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade marks and Designs) relating to opposition proceedings between Investronica and Olympus Imaging Corp (Olympus) concerning the application by Olympus for registration of a figurative word sign 'MICRO' as a Community trade mark.

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