Judgment of the General Court of 7 July 2010 — Herhof v OHIM — Stabilator(stabilator)

(Case T-60/09) (1)

(Community trade mark - Opposition proceedings - Application for community figurative mark stabilator - Earlier Community word mark STABILAT - Relative ground for refusal - No likelihood of confusion - No similarity of goods and services - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2010/C 221/69

Language of the case: German.

Parties

Applicant: Herhof-Verwaltungsgesellschaft mbH (Solms, Germany) (represented by: A. Zinnecker and T. Bösling, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Stabilator sp. z o.o. (Gdynia, Poland) (represented by: M. Kacprzak, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 16 December 2008 (Cases R 483/2008-4 and R 705/2008-4), relating to opposition proceedings between Herhof-Verwaltungsgesellschaft mbH and Stabilator sp. z o.o.

Operative part of the judgment

The Court:

(1)  OJ C 102, of 1.5.2009.