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Document 62004TJ0384
Judgment of the Court of First Instance (Third Chamber) of 15 December 2005. # RB Square Holdings Spain, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Figurative mark containing the word element ‘clean x’ - Opposition by the proprietor of the earlier national word and figurative marks CLEN - Rejection of the opposition - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-384/04.
Judgment of the Court of First Instance (Third Chamber) of 15 December 2005.
RB Square Holdings Spain, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Figurative mark containing the word element ‘clean x’ - Opposition by the proprietor of the earlier national word and figurative marks CLEN - Rejection of the opposition - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-384/04.
Judgment of the Court of First Instance (Third Chamber) of 15 December 2005.
RB Square Holdings Spain, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Figurative mark containing the word element ‘clean x’ - Opposition by the proprietor of the earlier national word and figurative marks CLEN - Rejection of the opposition - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-384/04.
European Court Reports 2005 II-00037*
ECLI identifier: ECLI:EU:T:2005:466
Judgment of the Court of First Instance (Third Chamber) of 15 December 2005 − RB Square Holdings Spain v OHIM – Unelko (clean x)
(Case T-384/04)
Community trade mark – Figurative mark containing the word element ‘clean x’ – Opposition by the proprietor of the earlier national word and figurative marks CLEN – Rejection of the opposition – 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 mark including the word element ‘clean x’ and word and figurative marks CLEN (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 48)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 June 2004 (Case R 652/2002-4) relating to opposition proceedings between RB Square Holdings Spain, SL and Unelko NV. |
Information relating to the case
|
Applicant for the Community trade mark: |
Unelko NV |
|
Community trade mark sought |
Figurative mark ‘clean x’ – Application No 222471, for goods in Class 3 (bleaching preparations, etc.) |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
RB Square Holdings Spain, SL |
|
Mark or sign sited in opposition: |
National word and figurative mark ‘CLEN’ |
|
Decision of the Opposition Division: |
Rejection of the opposition |
|
Decision of the Board of Appeal: |
Dismissal of the action |
Operative part
The Court:
|
|
Dismisses the action; |
|
|
Orders the applicant to pay the costs. |