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Document 62004TJ0333
Judgment of the Court of First Instance (Fourth Chamber) of 18 April 2007. # House of Donuts International v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Applications for Community figurative marks ‘House of donuts’ - Earlier national word marks ‘DONUT’ and earlier figurative marks ‘donuts’ - Relative ground for refusal - Likelihood of confusion. # Joined cases T-333/04 and T-334/04.
Judgment of the Court of First Instance (Fourth Chamber) of 18 April 2007.
House of Donuts International v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Applications for Community figurative marks ‘House of donuts’ - Earlier national word marks ‘DONUT’ and earlier figurative marks ‘donuts’ - Relative ground for refusal - Likelihood of confusion.
Joined cases T-333/04 and T-334/04.
Judgment of the Court of First Instance (Fourth Chamber) of 18 April 2007.
House of Donuts International v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Applications for Community figurative marks ‘House of donuts’ - Earlier national word marks ‘DONUT’ and earlier figurative marks ‘donuts’ - Relative ground for refusal - Likelihood of confusion.
Joined cases T-333/04 and T-334/04.
European Court Reports 2007 II-00033*
ECLI identifier: ECLI:EU:T:2007:105
Judgment of the Court of First Instance (Fourth Chamber) of 18 April 2007 – House of Donuts v OHIM – Panrico (House of donuts)
(Joined Cases T-333/04 and T-334/04)
Community trade mark – Opposition proceedings – Applications for Community figurative marks ‘House of donuts’ – Earlier national word marks ‘DONUT’ and earlier figurative marks ‘donuts’ – Relative ground for refusal – Likelihood of confusion
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 57-59)
Re:
TWO ACTIONS brought against the decisions of the Fourth Board of Appeal of OHIM of 12 May 2004 (Cases R 1034/2001‑4 and R 1036/2001‑4) concerning opposition proceedings between Panrico, SA and House of Donuts International. |
Information relating to the case
Applicant for the Community trade mark: |
House of Donuts International |
Community trade mark sought: |
Figurative mark ‘House of donuts’ for goods and services in classes 30, 32 and 42 – Application No 474486 |
Proprietor of the mark or sign cited in the opposition proceedings: |
Panrico, SA |
Mark or sign cited in opposition: |
Spanish word and figurative marks ‘DONUT’ and ‘donuts’ for goods and services in classes 30, 32 and 42 |
Decision by the Opposition Division: |
Registration refused |
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
Dismisses the action; |
|
Orders the applicant to pay the costs of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and of the intervener. |