Community trade mark Opposition proceedings Relative ground for refusal Likelihood of confusion Article 8(1)(b) of Regulation (EC) No 40/94 Application for Community figurative mark Stradivari 1715 Earlier Community figurative Stradivarius trade marks
Sumário
Judgment of the Court of First Instance (Eighth Chamber) of 2 July 2008.
Stradivarius España, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community figurative mark Stradivari 1715 - Earlier Community figurative Stradivarius trade marks - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-340/06.
Texto da decisão
Judgment of the Court of First Instance (Eighth Chamber) of 2 July 2008 – Stradivarius España v OHIM – Ricci (Stradivari 1715)
(Case T-340/06)
Community trade mark – Opposition proceedings – Application for Community figurative mark Stradivari 1715 – Earlier Community figurative Stradivarius trade marks – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) 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 51-57, 60-61)
Re:
| ACTION brought against the decision of the Board of Appeal of OHIM of 7 September 2006 (Case R 1024/2005-1) concerning opposition proceedings between Stradivarius España, SA and Cristina Ricci. |
Information relating to the case
|
Applicant for the Community trade mark: |
Cristina Ricci |
|
Community trade mark sought: |
Figurative mark Stradivari 1715 for goods in Classes 14, 16 and 18 – Application No 2269256 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Stradivarius España, SA |
|
Mark or sign cited in opposition: |
Community figurative mark Stradivarius for goods in Classes 14, 16 (No 1246164) and 18 (No 506469) |
|
Decision of the Opposition Division: |
Opposition dismissed |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Stradivarius España, SA to pay the costs. |