Community trade mark Obligation to state reasons Opposition proceedings Relative ground for refusal No likelihood of confusion Rights of the defence Application for the Community figurative mark Aprile Earlier national word mark ANVIL Articles 8(1)(b), 73 and 74 of Regulation (EC) No 40/94
Sumário
Judgment of the Court of First Instance (Fifth Chamber) of 24 September 2008.
Anvil Knitwear, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the Community figurative mark Aprile - Earlier national word mark ANVIL - Relative ground for refusal - No likelihood of confusion - Obligation to state reasons - Rights of the defence - Articles 8(1)(b), 73 and 74 of Regulation (EC) No 40/94.
Case T-179/07.
Texto da decisão
Judgment of the Court of First Instance (Fifth Chamber) of 24 September 2008 – Anvil Knitwear v OHIM – Aprile e Aprile (Aprile)
(Case T-179/07)
Community trade mark – Opposition proceedings – Application for the Community figurative mark Aprile – Earlier national word mark ANVIL – Relative ground for refusal – No likelihood of confusion – Obligation to state reasons – Rights of the defence – Articles 8(1)(b), 73 and 74 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 55, 57-63)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 22 March 2007 (Case R-1076/2006-2), relating to opposition proceedings between Anvil Knitwear, Inc. and Aprile e Aprile Srl. |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Anvil Knitwear, Inc. to pay the costs. |