Sumário
Judgment of the Court of First Instance (Second Chamber) of 13 April 2005.
The Gillette Company v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community mark.
Case T-286/03.
Texto da decisão
Judgment of the Court of First Instance (Second Chamber) of 13 April 2005 − Gillette v OHIM – Wilkinson Sword (RIGHT GUARD XTREME sport)
(Case T‑286/03)
Community trade mark – Opposition proceedings – Application for Community figurative mark RIGHT GUARD XTREME sport – Earlier national figurative mark WILKINSON SWORD XTREME III – Likelihood of confusion – Refusal of registration – Article 8(1)(b) 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 – Likelihood of confusion with the earlier mark – Figurative marks ‘RIGHT GUARD XTREME sport’ and ‘WILKINSON SWORD XTREME III’ (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 81-82)
Re:
| ACTION against the decision of the Fourth Board of Appeal of OHIM of 17 April 2003 (Case R 221/2002-4), refusing registration of the figurative mark RIGHT GUARD XTREME sport. |
Information relating to the case
|
Applicant for the Community trade mark: |
The Gillette Company |
|
Community trade mark sought: |
The figurative mark ‘RIGHT GUARD XTREME sport’ for goods in Class 3 – Application No 1486745 |
|
Proprietor of mark or sign cited in the opposition proceedings: |
Wilkinson Sword GmbH |
|
Mark or sign cited in opposition: |
German figurative marks ‘WILKINSON SWORD XTREME III’ for goods in Class 3 |
|
Decision of the Opposition Division: |
Rejection of the opposition |
|
Decision of the Board of Appeal: |
Annulment of the decision of the Opposition Division and refusal of the applicant’s application |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders the applicant to pay the costs. |