Community trade mark Opposition proceedings No likelihood of confusion Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)) Application for Community figurative mark GREEN by missako Earlier national and Community figurative marks MI SA KO
Sumário
Judgment of the Court of First Instance (Fifth Chamber) of 11 November 2009.
Frag Comercio Internacional, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community figurative mark GREEN by missako - Earlier national and Community figurative marks MI SA KO - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)).
Case T-162/08.
Texto da decisão
Judgment of the Court of First Instance (Fifth Chamber) of 11 November 2009 – Frag Comercio Internacional v OHIM – Tinkerbell Modas (GREEN by missako)
(Case T-162/08)
Community trade mark – Opposition proceedings – Application for Community figurative mark GREEN by missako – Earlier national and Community figurative marks MI SA KO – No likelihood of confusion – 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 27, 52)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 14 February 2008 (Case R 1527/2006-2) relating to opposition proceedings between Tinkerbell Modas LTDA and Frag Comercio Internacional, SL. |
Information relating to the case
|
Applicant for the Community trade mark: |
Tinkerbell Modas LTDA |
|
Community trade mark sought: |
Figurative mark GREEN by missako for goods and services in Classes 3, 25, 35 – Application No 3663234 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Frag Comercio Internacional, SL |
|
Mark or sign cited in opposition: |
The Community figurative trade mark MI SA KO for goods in Classes 18 and 25; the national figurative trade mark MI SA KO for services in Class 35 |
|
Decision of the Opposition Division: |
Opposition dismissed |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Frag Comercio Internacional, SL, to pay the costs. |