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Document 62003TJ0286

Judgment of the Court of First Instance (Second Chamber) of 13 April 2005.
The Gillette Company v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community mark.
Case T-286/03.

Izvješća Suda EU-a 2005 II-00008*

ECLI identifier: ECLI:EU:T:2005:126





Judgment of the Court of First Instance (Second Chamber) of 13 April 2005 − Gillette v OHIM – Wilkinson Sword (RIGHT GUARD XTREME sport)

(Case T‑286/03)

Community trade mark – Opposition proceedings – Application for Community figurative mark RIGHT GUARD XTREME sport – Earlier national figurative mark WILKINSON SWORD XTREME III – Likelihood of confusion – Refusal of registration – 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 – Figurative marks ‘RIGHT GUARD XTREME sport’ and ‘WILKINSON SWORD XTREME III’ (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 81-82)

Re:

ACTION against the decision of the Fourth Board of Appeal of OHIM of 17 April 2003 (Case R 221/2002-4), refusing registration of the figurative mark RIGHT GUARD XTREME sport.

Information relating to the case

Applicant for the Community trade mark:

The Gillette Company

Community trade mark sought:

The figurative mark ‘RIGHT GUARD XTREME sport’ for goods in Class 3 – Application No 1486745

Proprietor of mark or sign cited in the opposition proceedings:

Wilkinson Sword GmbH

Mark or sign cited in opposition:

German figurative marks ‘WILKINSON SWORD XTREME III’ for goods in Class 3

Decision of the Opposition Division:

Rejection of the opposition

Decision of the Board of Appeal:

Annulment of the decision of the Opposition Division and refusal of the applicant’s application


Operative part

The Court:

1.

Dismisses the action;

2.

Orders the applicant to pay the costs.

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