Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 — Phildar v OHIM — Comercial Jacinto Parera (FILDOR)
(Case T-99/06)
‛Community trade mark — Opposition proceedings — Application for the Community word mark FILDOR — Earlier national semi-figurative mark PHILDAR — Earlier national word mark FILDOR — Earlier international word and semi-figurative marks PHILDAR — Relative ground for refusal — Likelihood of confusion — Articles 8(1)(b), 62 and 73 of Regulation (EC) No 40/94 (now Articles 8(1)(b), 64 and 75 of Regulation (EC) 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 33, 68-85)
Re:
ACTION against the decision of the Second Board of Appeal of OHIM of 16 January 2006 (Case R 245/2004-2) relating to opposition proceedings between Phildar SA and Comercial Jacinto Parera, SA.
Information relating to the case
Applicant for the Community trade mark: |
Comercial Jacinto Parera, SA |
Community trade mark sought: |
Word mark FILDOR for goods in Classes 22 to 26 — Application No 831834 |
Proprietor of the mark or sign cited in the opposition proceedings: |
Phildar SA |
Mark or sign cited in opposition: |
National and international word and figurative marks FILDOR and PHILDAR for goods in Classes 22 to 26 |
Decision of the Opposition Division: |
Opposition upheld |
Decision of the Board of Appeal: |
Annulment of the Opposition Division’s decision |
Operative part
The Court:
1. |
Annuls the decision of the Second Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM) of 16 January 2006 (Case R 245/2004-2); |
2. |
Orders OHIM to pay the costs. |