Community trade mark Relative ground for refusal Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) Likelihood of confusion Opposition procedure On Skin Application for the word trade mark First Earlier national word trade mark FIRST
Sumário
Judgment of the Court of First Instance (Eighth Chamber) of 28 October 2009.
X-Technology R & D Swiss GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition procedure - Application for the word trade mark First-On-Skin - Earlier national word trade mark FIRST - Relative ground for refusal - 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-273/08.
Texto da decisão
Judgment of the Court of First Instance (Eighth Chamber) of 28 October 2009 – X-Technology R & D Swiss v OHIM – Ipko-Amcor (First-On-Skin)
(Case T-273/08)
Community trade mark – Opposition procedure – Application for the word trade mark First-On-Skin – Earlier national word trade mark FIRST – Relative ground for refusal – 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 26, 42-43)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 May 2008 (Case R 281/2007-4) concerning an opposition procedure between X-Technology R & D Swiss GmbH and Ipko-Amcor BV. |
Information relating to the case
|
Applicant for the Community trade mark: |
X-Technology R & D Swiss GmbH |
|
Community trade mark sought: |
Word mark First-On-Skin for goods in Classes 18, 23 and 25 – Application No 4019981 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Ipko-Amcor BV |
|
Mark or sign cited in opposition: |
Word mark FIRST for goods in Class 25 (Benelux Registration No 401666), the objection having been lodged against registration for goods in Class 25 |
|
Decision of the Opposition Division: |
Opposition dismissed |
|
Decision of the Board of Appeal: |
Decision of the Opposition Division annulled |
Operative part
The Court:
|
1. |
Dismisses the application; |
|
2. |
Orders X-Technology R & D Swiss GmbH to pay the costs. |