Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 – Fratex Indústria e Comércio v OHIM – USA Track & Field (TRACK & FIELD USA)

(Case T-103/07)

Community trade mark – Opposition proceedings – Application for figurative Community mark TRACK & FIELD USA – Earlier national figurative mark TRACK & FIELD – Relative ground for refusal – No likelihood of confusion – Lack of similarity between the signs – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) 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, 68-74)

Re:

ACTION brought against the decision of 18 January 2007 of the Fourth Board of Appeal of OHIM (Case No R 1061/2005-4)) concerning opposition proceedings between Fratex Indústria e Comércio, Ltda and USA Track & Field, Inc.

Information relating to the case

Operative part

The Court:

1.

Dismisses the application;

2.

Orders Fratex Indústria e Comércio, Ltda to pay the costs.