Community trade mark Opposition proceedings Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) Relative grounds for refusal Likelihood of confusion Application for two Community figurative marks OFFSHORE LEGENDS, one in black and white, the other in blue, black and green Earlier national figurative mark OFFSHORE 1 Similarity of goods and signs Absence of request for proof of genuine use of the earlier mark Article 43(2) and (3) of Regulation No 40/94 in conjunction with Article 15(2)(a) of Regulation No 40/94 (now Article 42(2) and (3) and point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009)
Sumário
Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009.
Promomadrid Desarrollo Internacional de Madrid, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for two Community figurative marks OFFSHORE LEGENDS, one in black and white, the other in blue, black and green - Earlier national figurative mark OFFSHORE 1 - Relative grounds for refusal - Likelihood of confusion - Similarity of goods and signs - Absence of request for proof of genuine use of the earlier mark - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Article 43(2) and (3) of Regulation No 40/94 in conjunction with Article 15(2)(a) of Regulation No 40/94 (now Article 42(2) and (3) and point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009).
Case T-180/07.
Texto da decisão
Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 – Promomadrid v OHIM (MADRIDEXPORTA)
(Case T-180/07)
Community trade mark – Application for Community figurative mark MADRIDEXPORTA – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 26, 38)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 7 March 2007 (Case R 1130/2006-1) concerning an application for registration of the figurative mark MADRIDEXPORTA as a Community trade mark. |
Information relating to the case
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Applicant for the Community trade mark: |
Promomadrid Desarrollo Internacional de Madrid, SA |
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Community trade mark sought: |
Composite mark MADRIDEXPORTA for goods and services in Classes 16, 35, 36, 38, 39, 41 and 42 – Application No 4659553 |
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Decision of the examiner: |
Registration refused |
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Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 March 2007 (Case R 1130/2006-1); |
|
2. |
Orders OHIM to pay the costs. |