Community trade mark No likelihood of confusion Invalidity proceedings Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 Community figurative mark ‘idea’ Earlier Community and national figurative and word marks ‘IKEA’ Relative ground for invalidity
Sumário
Judgment of the Court of First Instance (Third Chamber) of 16 January 2008.
Inter-Ikea Systems BV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Invalidity proceedings - Community figurative mark ‘idea’ - Earlier Community and national figurative and word marks ‘IKEA’ - Relative ground for invalidity - No likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94.
Case T-112/06.
Texto da decisão
Judgment of the Court of First Instance (Third Chamber) of 16 January 2008 – Inter‑Ikea v OHIM – Waibel (idea)
(Case T-112/06)
Community trade mark – Invalidity proceedings – Community figurative mark ‘idea’ – Earlier Community and national figurative and word marks ‘IKEA’ – Relative ground for invalidity – No likelihood of confusion – Article 8(1)(b) and Article 52(1)(a) 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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 80-81, 85)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 10 February 2006 (Case R 80/2005-1) relating to invalidity proceedings between Inter Ikea Systems BV and Walter Waibel. |
Information relating to the case
|
Registered Community trade mark subject to an action for cancellation: |
Figurative mark ‘idea’ for goods and services in Classes 16, 20 and 42 – Application No 283952 |
|
Proprietor of the Community trade mark: |
Walter Waibel |
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Party bringing the action for cancellation: |
Inter-Ikea Systems BV |
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Trade mark of the applicant for cancellation: |
Various figurative and word marks, Community and national, for goods in Classes 16, 20 and 42 |
|
Decision of the Cancellation Division: |
Cancellation of the mark ‘idea’ |
|
Decision of the Board of Appeal: |
Dismissal of application |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Inter-Ikea Systems BV to pay the costs, including those incurred by Walter Waibel in the proceedings before the Board of Appeal. |