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.