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Document 62006TJ0112
Judgment of the Court of First Instance (Third Chamber) of 16 January 2008. # Inter-Ikea Systems BV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Invalidity proceedings - Community figurative mark ‘idea’ - Earlier Community and national figurative and word marks ‘IKEA’ - Relative ground for invalidity - No likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94. # Case T-112/06.
Judgment of the Court of First Instance (Third Chamber) of 16 January 2008.
Inter-Ikea Systems BV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Invalidity proceedings - Community figurative mark ‘idea’ - Earlier Community and national figurative and word marks ‘IKEA’ - Relative ground for invalidity - No likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94.
Case T-112/06.
Judgment of the Court of First Instance (Third Chamber) of 16 January 2008.
Inter-Ikea Systems BV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Invalidity proceedings - Community figurative mark ‘idea’ - Earlier Community and national figurative and word marks ‘IKEA’ - Relative ground for invalidity - No likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94.
Case T-112/06.
European Court Reports 2008 II-00006*
ECLI identifier: ECLI:EU:T:2008:10
Judgment of the Court of First Instance (Third Chamber) of 16 January 2008 – Inter‑Ikea v OHIM – Waibel (idea)
(Case T-112/06)
Community trade mark – Invalidity proceedings – Community figurative mark ‘idea’ – Earlier Community and national figurative and word marks ‘IKEA’ – Relative ground for invalidity – No likelihood of confusion – Article 8(1)(b) and Article 52(1)(a) 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 80-81, 85)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 10 February 2006 (Case R 80/2005-1) relating to invalidity proceedings between Inter Ikea Systems BV and Walter Waibel. |
Information relating to the case
Registered Community trade mark subject to an action for cancellation: |
Figurative mark ‘idea’ for goods and services in Classes 16, 20 and 42 – Application No 283952 |
Proprietor of the Community trade mark: |
Walter Waibel |
Party bringing the action for cancellation: |
Inter-Ikea Systems BV |
Trade mark of the applicant for cancellation: |
Various figurative and word marks, Community and national, for goods in Classes 16, 20 and 42 |
Decision of the Cancellation Division: |
Cancellation of the mark ‘idea’ |
Decision of the Board of Appeal: |
Dismissal of application |
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Inter-Ikea Systems BV to pay the costs, including those incurred by Walter Waibel in the proceedings before the Board of Appeal. |