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Document 62003TJ0389

    Judgment of the Court of First Instance (Fifth Chamber) of 17 April 2008.
    Dainichiseika Colour & Chemicals Mfg. Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Opposition proceedings - Application for a figurative Community trade mark depicting a pelican - Earlier Community or national figurative trade mark Pelikan - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94.
    Case T-389/03.

    European Court Reports 2008 II-00058*

    ECLI identifier: ECLI:EU:T:2008:114





    Judgment of the Court of First Instance (Fifth Chamber) of 17 April 2008 – Dainichiseika Colour & Chemicals Mfg. v OHIM – Pelikan (Representation of a pelican)

    (Case T-389/03)

    Community trade mark – Opposition proceedings – Application for a figurative Community trade mark depicting a pelican – Earlier Community or national figurative trade mark Pelikan – Relative grounds for refusal – 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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 96, 98, 102-103, 106)

    Re:

    ACTION brought against the decision of the Second Chamber of the Board of Appeal of OHIM of 18 September 2003 (Case R 191/2002-2) relating to opposition proceedings between Pelikan Vertriebsgesellschaft mbH & Co. KG and Dainichiseika Colour & Chemicals Mfg. Co. Ltd.

    Information relating to the case

    Applicant for the Community trade mark:

    Dainichiseika Colour & Chemicals Mfg. Co. Ltd

    Community trade mark sought:

    Figurative mark for goods in Classes 1, 2 and 17 – Application No 1005826

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

    Pelikan Vertriebsgesellschaft mbH & Co. KG

    Mark or sign cited in opposition:

    Community or national figurative mark Pelikan

    Decision of the Opposition Division:

    Registration refused

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Dainichiseika Colour & Chemicals Mfg. Co. Ltd to pay the costs.

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