Judgment of the Court of First Instance (Eighth Chamber) of 4 March 2009 – Professional Tennis Registry v OHIM – Registro Profesional de Tenis (PTR PROFESSIONAL TENNIS REGISTRY)
(Case T-168/07)
Community trade mark – Opposition proceedings – Application for registration of the figurative mark PTR PROFESSIONAL TENNIS REGISTRY as a Community trade mark – Earlier national and Community figurative mark RPT Registro Profesional de Tenis, S.L. and earlier national figurative mark RPT European Registry of Professional Tennis – Relative ground for refusal – No likelihood of confusion – 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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 26, 43)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 28February 2007, as corrected (Case R1050/2005‑1), concerning opposition proceedings between Registro Profesional de Tenis, SL and Professional Tennis Registry, Inc. |
Information relating to the case
Applicant for the Community trade mark: | Professional Tennis Registry, Inc. |
Community trade mark sought: | Figurative mark PTR PROFESSIONAL TENNIS REGISTRY for goods and services in Classes 16, 25 and 41 – Application No2826709 |
Proprietor of the mark or sign cited in the opposition proceedings: | Registro Profesional de Tenis, SL |
Mark or sign cited in opposition: | National figurative marks RPT Registro Profesional de Tenis, S.L. and RPT European Registry of Professional Tennis for services in Class 41 |
Decision of the Opposition Division: | Opposition dismissed |
Decision of the Board of Appeal: | Partial annulment of the decision of the Opposition Division; application for Community mark rejected for goods and services in Classes 16 and 41 |
Operative part
The Court:
1. |
| Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 February 2007, as corrected (Case R1050/2005‑1); |
2. |
| Orders OHIM to bear its own costs and to pay the costs incurred by Professional Tennis Registry, Inc.; |
3. |
| Orders Registro Profesional de Tenis, SL, to bear its own costs. |