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Document 62005TJ0167

    Judgment of the General Court (Fourth Chamber) of 13 June 2007.
    Grether AG v European Union Intellectual Property Office.
    Case T-167/05.

    European Court Reports 2007 II-00063*

    ECLI identifier: ECLI:EU:T:2007:176





    Judgment of the Court of First Instance (Fourth Chamber) of 13 June 2007 – Grether v OHIM – Crisgo (FENNEL)

    (Case T-167/05)

    Community trade mark – Opposition proceedings – Application for the figurative Community trade mark FENNEL – Earlier Community word mark FENJAL – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b), Article 73, second sentence, and Article 74(1) 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 72, 74)

    Re:

    ACTION brought against the decision of the Fourth Chamber of the Board of Appeal of OHIM of 14 October 2004 (Case R 250/2002-4) concerning opposition proceedings between Grether AG and Crisgo (Thailand) Co. Ltd.

    Information relating to the case

    Applicant for the Community trade mark:

    Crisgo (Thailand) Co., Ltd

    Community trade mark sought:

    Figurative mark FENNEL for goods in Class 3 – Application No 903922

    Proprietor of the mark or sign cited in the opposition proceedings:

    Grether AG

    Mark or sign cited in opposition:

    Community word mark FENJAL for goods in Class 3

    Decision of the Opposition Division:

    Opposition dismissed

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

     

    Dismisses the action;.

     

    Orders the applicant to pay the costs.

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