Community trade mark Opposition proceedings Relative ground for refusal Likelihood of confusion Applications for Community figurative marks ‘House of donuts’ Earlier national word marks ‘DONUT’ and earlier figurative marks ‘donuts’
Sumário
Judgment of the Court of First Instance (Fourth Chamber) of 18 April 2007.
House of Donuts International v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Applications for Community figurative marks ‘House of donuts’ - Earlier national word marks ‘DONUT’ and earlier figurative marks ‘donuts’ - Relative ground for refusal - Likelihood of confusion.
Joined cases T-333/04 and T-334/04.
Texto da decisão
Judgment of the Court of First Instance (Fourth Chamber) of 18 April 2007 – House of Donuts v OHIM – Panrico (House of donuts)
(Joined Cases T-333/04 and T-334/04)
Community trade mark – Opposition proceedings – Applications for Community figurative marks ‘House of donuts’ – Earlier national word marks ‘DONUT’ and earlier figurative marks ‘donuts’ – Relative ground for refusal – Likelihood of confusion
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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 57-59)
Re:
| TWO ACTIONS brought against the decisions of the Fourth Board of Appeal of OHIM of 12 May 2004 (Cases R 1034/2001‑4 and R 1036/2001‑4) concerning opposition proceedings between Panrico, SA and House of Donuts International. |
Information relating to the case
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Applicant for the Community trade mark: |
House of Donuts International |
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Community trade mark sought: |
Figurative mark ‘House of donuts’ for goods and services in classes 30, 32 and 42 – Application No 474486 |
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Proprietor of the mark or sign cited in the opposition proceedings: |
Panrico, SA |
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Mark or sign cited in opposition: |
Spanish word and figurative marks ‘DONUT’ and ‘donuts’ for goods and services in classes 30, 32 and 42 |
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Decision by the Opposition Division: |
Registration refused |
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Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
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Dismisses the action; |
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Orders the applicant to pay the costs of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and of the intervener. |