Accept Refuse

EUR-Lex Access to European Union law

Back to EUR-Lex homepage

This document is an excerpt from the EUR-Lex website

Document 62007TA0305

Joined Cases T-305/07 and T-306/07: Judgment of the Court of First Instance of 16 September 2009 — Offshore Legends v OHIM — Acteon (OFFSHORE LEGENDS in black and white and OFFSHORE LEGENDS in blue, black and green) (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)

OJ C 267, 7.11.2009, p. 60–60 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

7.11.2009   

EN

Official Journal of the European Union

C 267/60


Judgment of the Court of First Instance 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) (1)

(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)

2009/C 267/104

Language of the case: French

Parties

Applicant: Offshore Legends (Nevele, Belgium) (represented by: P. Maeyaert and N. Clarembeaux, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Acteon (Saint-Tropez, France) (represented by: M. Milon, lawyer)

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

Operative part of the judgment

The Court:

1.

dismisses the actions;

2.

orders Offshore Legends to pay the costs.


(1)  OJ C 269, 10.11.2007.


Top