Judgment of the General Court (Sixth Chamber) of 19 May 2011 – Tempus Vade v OHIM – Palacios Serrano (AIR FORCE)

(Case T-81/10)

Community trade mark – Opposition proceedings – Application for Community word mark AIR FORCE – Earlier Community and national word and figurative marks TIME FORCE – Relative grounds for refusal – No likelihood of confusion – No similarity of signs – Article 8(1)(b) and (5) 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 207/2009, Art. 8(1)(b)) (see paras 38, 40-43)

Re:

Information relating to the case

Applicant for the Community trade mark:

Juan Palacios Serrano

Community trade mark sought:

Word mark AIR FORCE in respect of goods in Class 14 – Application No 5016704

Proprietor of the mark or sign cited in the opposition proceedings:

Tempus Vade, SL

Mark or sign cited in opposition:

Community word mark TIME FORCE (Application No 395657) in respect of goods in Classes 14, 18 and 25; and four other Community figurative marks which contain the word element TIME FORCE in respect of goods in Classes 14, 18 and 25 (Application No 398776) and in respect of goods in Classes 3, 8, 9, 14, 18, 25, 34, 35 and 37 (Application No 3112133)

Decision of the Opposition Division:

Opposition upheld in its entirety

Decision of the Board of Appeal:

Decision of the Opposition Division annulled; opposition dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Tempus Vade, SL to pay the costs.