Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document 62004TJ0310

Judgment of the Court of First Instance (Third Chamber) of 15 December 2006.
Ferrero Deutschland GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the Community word mark FERRO - Earlier national word mark FERRERO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Similarity of goods.
Case T-310/04.

Thuarascálacha na Cúirte Eorpaí 2006 II-00107*

ECLI identifier: ECLI:EU:T:2006:403





Judgment of the Court of First Instance (Third Chamber) of 15 December 2006 – Ferrero Deutschland v OHIM – Cornu (FERRO)

(Case T‑310/04)

Community trade mark – Opposition proceedings – Application for the Community word mark FERRO – Earlier national word mark FERRERO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Similarity of goods

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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 61-112)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 17 March 2004 (Case R 540/2002-4), relating to opposition proceedings between Ferrero OHG mbH and Cornu SA Fontain.

Information relating to the case

Applicant for the Community trade mark:

Cornu SA Fontain

Community trade mark sought:

Word mark FERRO for goods in Class 30

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

Ferrero OHG mbH

Mark or sign cited in opposition:

National word mark FERRERO for goods in Classes 5, 29, 30, 32 and 33

Decision of the Opposition Division:

Opposition dismissed

Decision of the Board of Appeal:

Appeal dismissed


Operative part

The Court:

 

Dismisses the action;

 

Orders the applicant to pay its own costs, the whole of the costs relating to the procedural issue concerning its substitution for Ferrero OHG mbH, and half of the costs incurred by the intervener;

 

Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay its own costs and half of those incurred by the intervener.

Top