Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 – Zero Industry v OHIM – zero Germany (zerorh+)

(Case T-400/06)

Community trade mark – Opposition proceedings – Application for figurative Community mark zerorh+ – Earlier national figurative and word marks zero – Likelihood of confusion – Similarity of the signs – Similarity between products – 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 25-28, 77-89)

Re:

Information relating to the case

Applicant for the Community trade mark:

Zero Industry Srl

Community trade mark sought:

Figurative mark ‘zerorh+’ for goods in Classes 9, 18 and 25 – Application No 2004547

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

zero Germany GmbH & Co. KG, formerly zero International Holding GmbH & Co. KG

Mark or sign cited in opposition:

The national figurative mark ‘zero’ for goods in Classes 18 and 25 and the national word mark ‘zero’ for goods in Class 9

Decision of the Opposition Division:

Opposition upheld

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Zero Industry Srl to pay the costs.