This document is an excerpt from the EUR-Lex website
Document 62004TJ0499
Judgment of the Court of First Instance (Second Chamber) of 17 October 2006. # Hammarplast AB v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark STENINGE SLOTT - Earlier word mark STENINGE KERAMIK - Likelihood of confusion. # Case T-499/04.
Judgment of the Court of First Instance (Second Chamber) of 17 October 2006.
Hammarplast AB v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community word mark STENINGE SLOTT - Earlier word mark STENINGE KERAMIK - Likelihood of confusion.
Case T-499/04.
Judgment of the Court of First Instance (Second Chamber) of 17 October 2006.
Hammarplast AB v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community word mark STENINGE SLOTT - Earlier word mark STENINGE KERAMIK - Likelihood of confusion.
Case T-499/04.
European Court Reports 2006 II-00084*
ECLI identifier: ECLI:EU:T:2006:324
Judgment of the Court of First Instance (Second Chamber) of 17 October 2006 – Hammarplast v OHIM – Steninge Slott (STENINGE SLOTT)
(Case T-499/04)
Community trade mark – Opposition proceedings – Application for Community word mark STENINGE SLOTT – Earlier word mark STENINGE KERAMIK – Likelihood of confusion
1. Community trade mark – Appeals procedure (Council Regulation No 40/94, Art. 74(1)) (see para. 20)
2. 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 62-63)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 25 October 2004 (Case R 394/2003-2) concerning the opposition filed by the holder of the national trade mark STENINGE KERAMIK against registration of the Community trade mark STENINGE SLOTT. |
Information relating to the case
|
Applicant for the Community trade mark: |
Steninge Slott AB |
|
Community trade mark sought: |
Word mark STENINGE SLOTT for goods in Class 21 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Hammarplast AB |
|
Mark or sign cited in opposition: |
National mark STENINGE KERAMIK for goods in the same class |
|
Decision of the Opposition Division: |
Refusal of registration |
|
Decision of the Board of Appeal: |
Appeal allowed |
Operative part
The Court:
|
|
Dismisses the action; |
|
|
Orders the applicant to pay the costs. |