Community trade mark Article 8(1)(b) of Regulation (EC) No 40/94 Rejection of the opposition Figurative mark containing the word element ‘clean x’ Opposition by the proprietor of the earlier national word and figurative marks CLEN
Sumário
Judgment of the Court of First Instance (Third Chamber) of 15 December 2005.
RB Square Holdings Spain, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Figurative mark containing the word element ‘clean x’ - Opposition by the proprietor of the earlier national word and figurative marks CLEN - Rejection of the opposition - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-384/04.
Texto da decisão
Judgment of the Court of First Instance (Third Chamber) of 15 December 2005 − RB Square Holdings Spain v OHIM – Unelko (clean x)
(Case T-384/04)
Community trade mark – Figurative mark containing the word element ‘clean x’ – Opposition by the proprietor of the earlier national word and figurative marks CLEN – Rejection of the opposition – 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 mark including the word element ‘clean x’ and word and figurative marks CLEN (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 48)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 June 2004 (Case R 652/2002-4) relating to opposition proceedings between RB Square Holdings Spain, SL and Unelko NV. |
Information relating to the case
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Applicant for the Community trade mark: |
Unelko NV |
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Community trade mark sought |
Figurative mark ‘clean x’ – Application No 222471, for goods in Class 3 (bleaching preparations, etc.) |
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Proprietor of the mark or sign cited in the opposition proceedings: |
RB Square Holdings Spain, SL |
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Mark or sign sited in opposition: |
National word and figurative mark ‘CLEN’ |
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Decision of the Opposition Division: |
Rejection of the opposition |
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Decision of the Board of Appeal: |
Dismissal of the action |
Operative part
The Court:
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Dismisses the action; |
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Orders the applicant to pay the costs. |