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 Application for the Community figurative mark InvestHedge Earlier Community figurative mark Hedge Invest
Sumário
Judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009.
Hedgefund Intelligence Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the Community figurative mark InvestHedge - Earlier Community figurative mark Hedge Invest - 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-67/08.
Texto da decisão
Judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009 – Hedgefund Intelligence v OHIM – Hedge Invest (InvestHedge)
(Case T-67/08)
Community trade mark – Opposition proceedings – Application for the Community figurative mark InvestHedge – Earlier Community figurative mark Hedge Invest – 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 33, 53-56)
Re:
| ACTION against the decision of the Second Board of Appeal of OHIM of 28 November 2007 (Case R 148/2007-2) relating to opposition proceedings between Hedge Invest SpA and Hedgefund Intelligence Ltd. |
Information relating to the case
|
Applicant for the Community trade mark: |
Hedgefund Intelligence Ltd |
|
Community trade mark sought: |
The figurative mark InvestHedge for goods and services in Classes 9, 16, 36 and 41 – Application No 3081081 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Hedge Invest SpA |
|
Mark or sign cited in opposition: |
The Community figurative mark HEDGE INVEST for services in Class 36 |
|
Decision of the Opposition Division: |
Opposition upheld for all the contested services in Classes 36 and 41 |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
1. Dismisses the action;
2. Orders Hedgefund Intelligence Ltd to pay the costs.