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:
1. |
| Dismisses the action; |
2. |
| Orders the applicant to pay the costs. |