Community trade mark Opposition proceedings Relative ground for refusal No likelihood of confusion Article 8(1)(b) of Regulation (EC) No 40/94 Application for Community word mark COR Earlier national figurative mark including the word element 'dor' in gothic script
Sumário
Judgment of the Court of First Instance (Fourth Chamber) of 23 May 2007.
Henkel KGaA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community word mark COR - Earlier national figurative mark including the word element 'dor' in gothic script - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-342/05.
Texto da decisão
Judgment of the Court of First Instance (Fourth Chamber) of 23 May 2007 – Henkel v OHIM – SERCA (COR)
(Case T-342/05)
Community trade mark – Opposition proceedings – Application for Community word mark COR – Earlier national figurative mark including the word element ‘dor’ in gothic script – Relative ground for refusal – No 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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 52-54)
Re:
| ACTION for annulment brought against the decision of the First Board of Appeal of OHIM of 14 July 2005 (Case R 556/2003-1) relating to opposition proceedings between Henkel KGaA and Serra Y Roca, SA (SERCA). |
Information relating to the case
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Applicant for the Community trade mark: |
Serra Y Roca, SA (SERCA) |
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Community trade mark sought: |
Word mark COR for goods in Class 3 – Application No 1284470 |
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Proprietor of the mark or sign cited in the opposition proceedings: |
Henkel KGaA |
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Mark or sign cited in opposition: |
National figurative mark ‘dor’ for goods in Classes 3, 5 and 21 |
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Decision of the Opposition Division: |
Opposition dismissed in respect of goods in Class 3 |
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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. |