Judgment of the Court of First Instance (Fourth Chamber) of 18April 2007 – House of Donuts v OHIM – Panrico (House of donuts)
(Joined Cases T-333/04 and T-334/04)
Community trade mark – Opposition proceedings – Applications for Community figurative marks ‘House of donuts’ – Earlier national word marks ‘DONUT’ and earlier figurative marks ‘donuts’ – Relative ground for refusal – Likelihood of confusion
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 57-59)
Re:
| TWO ACTIONS brought against the decisions of the Fourth Board of Appeal of OHIM of 12May 2004 (Cases R 1034/2001‑4 and R 1036/2001‑4) concerning opposition proceedings between Panrico, SA and House of Donuts International. |
Information relating to the case
Applicant for the Community trade mark: | House of Donuts International |
Community trade mark sought: | Figurative mark ‘House of donuts’ for goods and services in classes 30, 32 and 42 – Application No 474486 |
Proprietor of the mark or sign cited in the opposition proceedings: | Panrico, SA |
Mark or sign cited in opposition: | Spanish word and figurative marks ‘DONUT’ and ‘donuts’ for goods and services in classes 30, 32 and 42 |
Decision by the Opposition Division: | Registration refused |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
1. |
| Dismisses the action; |
2. |
| Orders the applicant to pay the costs of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and of the intervener. |