Judgment of the General Court (Sixth Chamber) of 13 September 2010.#Travel Service a.s. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Community trade mark - Opposition proceedings - Application for the Community figurative mark smartWings - Earlier national and international word and figurative marks EUROWINGS and EuroWings - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Obligation to state the reasons on which the decision is based - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009) - Article 79 of Regulation No 40/94 (now Article 83 of Regulation No 207/2009).#Case T-72/08.

ECLI:EU:T:2010:395Eu Chamb 06 TSep 13, 2010

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Subject of the case
Operative part

Subject of the case

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 21 November 2007 (Case R 1515/2006-2), relating to opposition proceedings between Eurowings Luftverkehrs AG and Travel Service a.s.

Information relating to the case

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Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Travel Service a.s. to pay, in addition to its own costs, the costs of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Eurowings Luftverkehrs AG.

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