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Document 62007TJ0305
Summary of the Judgment
Summary of the Judgment
Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 — Offshore Legends v OHIM — Acteon (OFFSHORE LEGENDS in black and white and OFFSHORE LEGENDS in blue, black and green)
(Joined Cases T-305/07 and T-306/07)
‛Community trade mark — Opposition proceedings — Application for two Community figurative marks OFFSHORE LEGENDS, one in black and white, the other in blue, black and green — Earlier national figurative mark OFFSHORE 1 — Relative grounds for refusal — Likelihood of confusion — Similarity of goods and signs — Absence of request for proof of genuine use of the earlier mark — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — Article 43(2) and (3) of Regulation No 40/94 in conjunction with Article 15(2)(a) of Regulation No 40/94 (now Article 42(2) and (3) and point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009’
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 60, 61, 98-103)
Re:
Two actions brought against two decisions of the Second Board of Appeal of OHIM of 29 May 2007 (Case R 1031/2006-2 and Case R 1038/2006-2) relating to opposition proceedings between Acteon and Offshore Legends.
Information relating to the case
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Applicant for the Community trade mark: |
Offshore Legends |
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Community trade mark sought: |
Figurative marks OFFSHORE LEGENDS in black and white and OFFSHORE LEGENDS in blue, black and green for goods in Classes 3, 9, 14, 18, 20, 24, 25, 28 and 35 — Application Nos 3160231 and 2997021 |
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Proprietor of the mark or sign cited in the opposition proceedings: |
Acteon |
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Mark or sign cited in opposition: |
National and international figurative mark OFFSHORE 1 for products in Classes 16, 18 and 25 |
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Decision of the Opposition Division: |
Opposition dismissed in respect of all the contested goods |
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Decision of the Board of Appeal: |
Partial annulment of the decision of the Opposition Division, to the extent that it dismissed the opposition in respect of products in Classes 18 and 25 |
Operative part
The Court:
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1. |
Dismisses the actions; |
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2. |
Orders Offshore Legends to pay the costs. |