Community trade mark Opposition proceedings 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 Similarity of the signs Application for the Community figurative mark Agile Earlier Community and national word marks Aygill’s
Sumário
Judgment of the Court of First Instance (Fifth Chamber) of 29 October 2009.
Peek & Cloppenburg v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the Community figurative mark Agile - Earlier Community and national word marks Aygill’s - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
Case T-386/07.
Texto da decisão
Judgment of the Court of First Instance (Fifth Chamber) of 29 October 2009 – Peek & Cloppenburg v OHIM – Redfil (Agile)
(Case T-386/07)
Community trade mark – Opposition proceedings – Application for the Community figurative mark Agile – Earlier Community and national word marks Aygill’s – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – 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 16, 42-44)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 26 July 2007 (Case R 1324/2006-2), relating to opposition proceedings between Peek & Cloppenburg and Redfil, SL. |
Information relating to the case
|
Applicant for the Community trade mark: |
Redfil, SL |
|
Community trade mark sought: |
Figurative mark Agile for goods in Classes 18, 25 and 28 – Application No 2659456 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Peek & Cloppenburg |
|
Mark or sign cited in opposition: |
Community and national word mark Aygill’s for goods in Classes 3, 6, 8, 9, 11, 14, 16, 18, 20, 21 and 24 to 28 |
|
Decision of the Opposition Division: |
Opposition upheld in its entirety |
|
Decision of the Board of Appeal: |
Annulment of the Opposition Division’s decision and dismissal of the opposition in its entirety |
Operative part
The Court:
|
1. |
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 July 2007 (Case R 1324/2006 2); |
|
2. |
Orders OHIM to pay the costs incurred by Peek & Cloppenburg; |
|
3. |
Orders Redfil, SL to bear its own costs. |