Judgment of the Court of First Instance (Third Chamber) of 7 May 2009 – NHL Enterprises v OHIM – Glory & Pompea (LA KINGS)
(Case T-414/05)
Community trade mark – Opposition proceedings – Application for the Community figurative mark LA KINGS – Earlier national figurative mark KING – 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 24, 35, 51, 57-58, 75-77)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 6 July 2005 (Case R 371/2003-4), concerning opposition proceedings between Glory & Pompea, SA and NHL Enterprises BV. |
Information relating to the case
Applicant for the Community trade mark: | NHL Enterprises BV | |||
Community trade mark sought: | Figurative mark LA KINGS for goods in Classes 16, 25 and 41 – Application No 1041102 | |||
Proprietor of the mark or sign cited in the opposition proceedings: | Manufacturas Antonio Gassol SA. The mark cited in the opposition was later assigned to Glory & Pompea, SA | |||
Mark or sign cited in opposition: | National figurative mark KING for goods in Class 25 | |||
Decision of the Opposition Division: | Opposition upheld for all the goods applied for in Class 25 | |||
Decision of the Board of Appeal: |
|
Operative part
The Court:
1. |
| Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 July 2005 (Case R 371/2003-4); |
2. |
| Orders OHIM to pay its own costs and those incurred by NHL Enterprises BV. |