Judgment of the General Court (First Chamber) of 9 September 2011.#Ergo Versicherungsgruppe AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Community trade mark - Opposition proceedings - Application for Community word mark ERGO - Prior Community and national word marks CERGO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Duty to rule on the entirety of the action - Scope of the examination to be carried out by the Board of Appeal - Article 64(1) of Regulation No 207/2009.#Case T-382/09.

Subject of the case

Re:

ACTION against the decision of the Fourth Board of Appeal of OHIM of 23 July 2009 (Case R 44/2008‑4) concerning opposition proceedings between DeguDent GmbH and Ergo Versicherungsgruppe AG.

Operative part

Operative part

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 23 July 2009 (Case R 44/2008‑4) in so far as the Board of Appeal omitted to rule on the action brought before it as regards goods in Class 5;

2. Dismisses the remainder of the action;

3. Orders Ergo Versicherungsgruppe AG, DeguDent Gmbh and OHIM each to bear their own costs.