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Document 62007TJ0103
Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009. # Fratex Indústria e Comércio, Ltda v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for figurative Community mark TRACK & FIELD USA - Earlier national figurative mark TRACK & FIELD - Relative ground for refusal - No likelihood of confusion - Lack of similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-103/07.
Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009.
Fratex Indústria e Comércio, Ltda v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for figurative Community mark TRACK & FIELD USA - Earlier national figurative mark TRACK & FIELD - Relative ground for refusal - No likelihood of confusion - Lack of similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
Case T-103/07.
Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009.
Fratex Indústria e Comércio, Ltda v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for figurative Community mark TRACK & FIELD USA - Earlier national figurative mark TRACK & FIELD - Relative ground for refusal - No likelihood of confusion - Lack of similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
Case T-103/07.
European Court Reports 2009 II-00169*
ECLI identifier: ECLI:EU:T:2009:349
Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 – Fratex Indústria e Comércio v OHIM – USA Track & Field (TRACK & FIELD USA)
(Case T-103/07)
Community trade mark – Opposition proceedings – Application for figurative Community mark TRACK & FIELD USA – Earlier national figurative mark TRACK & FIELD – Relative ground for refusal – No likelihood of confusion – Lack of similarity between the signs – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
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 33, 68-74)
Re:
| ACTION brought against the decision of 18 January 2007 of the Fourth Board of Appeal of OHIM (Case No R 1061/2005-4)) concerning opposition proceedings between Fratex Indústria e Comércio, Ltda and USA Track & Field, Inc. |
Information relating to the case
|
Applicant for the Community trade mark: |
USA Track & Field, Inc |
|
Community trade mark sought: |
Figurative mark USA TRACK & FIELD – Application No 1680883 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Fratex Indústria e Comércio, Ltda |
|
Mark or sign cited in opposition: |
Figurative national mark TRACK & FIELD |
|
Decision of the Opposition Division: |
Opposition upheld |
|
Decision of the Board of Appeal: |
Appeal by USA Track & Field, Inc allowed |
Operative part
The Court:
|
1. |
Dismisses the application; |
|
2. |
Orders Fratex Indústria e Comércio, Ltda to pay the costs. |