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Document 62004TJ0169

    Judgment of the Court of First Instance (First Chamber) of 14 December 2005.
    Arysta Lifescience SAS v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Opposition proceedings - Application for the Community word mark CARPOVIRUSINE - Former national word mark CARPO - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94.
    Case T-169/04.

    European Court Reports 2005 II-00032*

    ECLI identifier: ECLI:EU:T:2005:459





    Judgment of the Court of First Instance (First Chamber) of 14 December 2005 − Arysta Lifescience v OHIM – BASF (CARPOVIRUSINE)

    (Case T-169/04)

    Community trade mark – Opposition proceedings – Application for the Community word mark CARPOVIRUSINE – Former national word mark CARPO – 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 – Word marks CARPOVIRUSINE and CARPO (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 71-72)

    Re:

    ACTION brought against the decision of the First Board of Appeal of OHIM of 4 March 2004 (Case R 289/2003-1) relating to opposition proceedings between Calliope SAS and BASF AG.

    Information relating to the case

    Applicant for the Community trade mark:

    Arysta Lifescience SAS

    Community trade mark sought:

    Word mark ‘CARPOVIRUSINE’ – Application No 1422641, for goods in Class 5 (insecticides, etc.)

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

    BASF AG

    Mark or sign sited in opposition:

    National and international word mark ‘CARPO’ for goods in Class 5

    Decision of the Opposition Division:

    Refusal to register

    Decision of the Board of Appeal:

    Dismissal of the action


    Operative part

    The Court:

     

    Dismisses the action;

     

    Orders the applicant to pay the costs.

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