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) Application for Community figurative mark SEVE TROPHY Earlier Community figurative marks Seve Ballesteros Trophy and SEVE TROPHY Relative grounds for refusal Lack of similarity of the goods and of the services No unfair advantage taken of or detriment caused to the distinctive character or repute of the earlier marks Article 8(5) of Regulation No 40/94 (now Article 8(5) of Regulation No 207/2009
Sumário
Judgment of the General Court (Eighth Chamber) of 17 December 2010.
Amen Corner, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community figurative mark SEVE TROPHY - Earlier Community figurative marks Seve Ballesteros Trophy and SEVE TROPHY - Relative grounds for refusal - Lack of similarity of the goods and of the services - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - No unfair advantage taken of or detriment caused to the distinctive character or repute of the earlier marks - Article 8(5) of Regulation No 40/94 (now Article 8(5) of Regulation No 207/2009 .
Case T-192/09.
Texto da decisão
Judgment of the General Court (Eighth Chamber) of 17 December 2010 – Amen Corner v OHIM – Comercio Electrónico Ojal (SEVE TROPHY)
(Case T-192/09)
Community trade mark – Opposition proceedings – Application for Community figurative mark SEVE TROPHY – Earlier Community figurative marks Seve Ballesteros Trophy and SEVE TROPHY – Relative grounds for refusal – No similarity of the goods and services – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – No unfair advantage taken of or detriment caused to the distinctive character or repute of the earlier marks – Article 8(5) of Regulation No 40/94 (now Article 8(5) of Regulation No 207/2009)
1. Community trade mark – Appeals procedure – Appeals before the Community judicature – Application initiating proceedings – Formal requirements – Brief summary of the pleas in law on which the application is based – Admissibility (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)(c); Council Regulation No 40/94, Art. 63) (see para. 29)
2. 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 52-59)
3. 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 enjoying a reputation – Protection of well-known earlier mark extended to dissimilar goods or services (Council Regulation No 40/94, Art. 8(5)) (see paras 66-79)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 5 March 2009 (Case R 462/2008-2) relating to opposition proceedings between Amen Corner, SA and Comercio Electrónico Ojal, SL. |
Information relating to the case
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Applicant for the Community trade mark: |
Comercio Electrónico Ojal, SL |
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Community trade mark sought: |
Figurative mark including the verbal component SEVE TROPHY for goods and services in Classes 3, 9, 14, 18, 25, 28, 35 and 41 – Application No 4617213 |
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Proprietor of the mark or sign cited in the opposition proceedings: |
Amen Corner, SA |
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Mark or sign cited in opposition: |
Community figurative trade marks SEVE TROPHY and Seve Ballesteros Trophy (Nos 1541226, 1980341, 2068682 and No 3846235) for goods and services in Classes 3, 14, 25, 28, 35 and 41 |
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Decision of the Opposition Division: |
Opposition dismissed under Article 8(5) of Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1994 L 11, p. 1) (replaced by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1); opposition partially upheld under Article 8(1)(b) of the same regulation |
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Decision of the Board of Appeal: |
Appeal upheld in part |
Operative part
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Amen Corner, SA to pay the costs. |