Sumário
Judgment of the General Court (Fourth Chamber) of 13 June 2007.
Grether AG v European Union Intellectual Property Office.
Case T-167/05.
Texto da decisão
Judgment of the Court of First Instance (Fourth Chamber) of 13 June 2007 – Grether v OHIM – Crisgo (FENNEL)
(Case T-167/05)
Community trade mark – Opposition proceedings – Application for the figurative Community trade mark FENNEL – Earlier Community word mark FENJAL – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b), Article 73, second sentence, and Article 74(1) of Regulation (EC) No 40/94
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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 72, 74)
Re:
| ACTION brought against the decision of the Fourth Chamber of the Board of Appeal of OHIM of 14 October 2004 (Case R 250/2002-4) concerning opposition proceedings between Grether AG and Crisgo (Thailand) Co. Ltd. |
Information relating to the case
|
Applicant for the Community trade mark: |
Crisgo (Thailand) Co., Ltd |
|
Community trade mark sought: |
Figurative mark FENNEL for goods in Class 3 – Application No 903922 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Grether AG |
|
Mark or sign cited in opposition: |
Community word mark FENJAL for goods in Class 3 |
|
Decision of the Opposition Division: |
Opposition dismissed |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
|
Dismisses the action;. |
|
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Orders the applicant to pay the costs. |