Judgment of the Court of First Instance (Fifth Chamber) of 11 November 2009 – FragComercio Internacional v OHIM – Tinkerbell Modas (GREEN by missako)
(Case T-162/08)
Community trade mark – Opposition proceedings – Application for Community figurative mark GREEN by missako – Earlier national and Community figurative marks MI SA KO – No likelihood of confusion – Article 8(1)(b) of Regulation (EC)No 40/94 (now Article8(1)(b) of Regulation (EC) No207/2009)
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 27, 52)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 14February 2008 (Case R 1527/2006-2) relating to opposition proceedings between Tinkerbell Modas LTDA and Frag Comercio Internacional, SL. |
Information relating to the case
Applicant for the Community trade mark: | Tinkerbell Modas LTDA |
Community trade mark sought: | Figurative mark GREEN by missako for goods and services in Classes 3, 25, 35 – Application No 3663234 |
Proprietor of the mark or sign cited in the opposition proceedings: | Frag Comercio Internacional, SL |
Mark or sign cited in opposition: | The Community figurative trade mark MI SA KO for goods in Classes 18 and 25; the national figurative trade mark MI SA KO for services in Class 35 |
Decision of the Opposition Division: | Opposition dismissed |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
1. |
| 1. Dismisses the action; |
2. |
| 2. Orders Frag Comercio Internacional, SL, to pay the costs. |