Community trade mark Opposition proceedings Relative grounds for refusal Likelihood of confusion Article 8(1)(b) of Regulation (EC) No 40/94 Application for a figurative Community trade mark depicting a pelican Earlier Community or national figurative trade mark Pelikan
Sumário
Judgment of the Court of First Instance (Fifth Chamber) of 17 April 2008.
Dainichiseika Colour & Chemicals Mfg. Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for a figurative Community trade mark depicting a pelican - Earlier Community or national figurative trade mark Pelikan - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-389/03.
Texto da decisão
Judgment of the Court of First Instance (Fifth Chamber) of 17 April 2008 – Dainichiseika Colour & Chemicals Mfg. v OHIM – Pelikan (Representation of a pelican)
(Case T-389/03)
Community trade mark – Opposition proceedings – Application for a figurative Community trade mark depicting a pelican – Earlier Community or national figurative trade mark Pelikan – Relative grounds 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 96, 98, 102-103, 106)
Re:
| ACTION brought against the decision of the Second Chamber of the Board of Appeal of OHIM of 18 September 2003 (Case R 191/2002-2) relating to opposition proceedings between Pelikan Vertriebsgesellschaft mbH & Co. KG and Dainichiseika Colour & Chemicals Mfg. Co. Ltd. |
Information relating to the case
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Applicant for the Community trade mark: |
Dainichiseika Colour & Chemicals Mfg. Co. Ltd |
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Community trade mark sought: |
Figurative mark for goods in Classes 1, 2 and 17 – Application No 1005826 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Pelikan Vertriebsgesellschaft mbH & Co. KG |
|
Mark or sign cited in opposition: |
Community or national figurative mark Pelikan |
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Decision of the Opposition Division: |
Registration refused |
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Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Dainichiseika Colour & Chemicals Mfg. Co. Ltd to pay the costs. |