Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 – Phildar v OHIM – Comercial Jacinto Parera (FILDOR)

(Case T-99/06)

Community trade mark – Opposition proceedings – Application for the Community word mark FILDOR – Earlier national semi-figurative mark PHILDAR – Earlier national word mark FILDOR – Earlier international word and semi-figurative marks PHILDAR – Relative ground for refusal – Likelihood of confusion – Articles 8(1)(b), 62 and 73 of Regulation (EC) No 40/94 (now Articles 8(1)(b), 64 and 75 of Regulation (EC) No 207/2009)

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 33, 68-85)

Re:

ACTION against the decision of the Second Board of Appeal of OHIM of 16 January 2006 (Case R 245/2004‑2) relating to opposition proceedings between Phildar SA and Comercial Jacinto Parera, SA.

Information relating to the case

Applicant for the Community trade mark:	Comercial Jacinto Parera, SA
Community trade mark sought:	Word mark FILDOR for goods in Classes 22 to 26 – Application No 831834
Proprietor of the mark or sign cited in the opposition proceedings:	Phildar SA
Mark or sign cited in opposition:	National and international word and figurative marks FILDOR and PHILDAR for goods in Classes 22 to 26
Decision of the Opposition Division:	Opposition upheld
Decision of the Board of Appeal:	Annulment of the Opposition Division’s decision

Operative part

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 January 2006 (Case R 245/2004‑2);

2. Orders OHIM to pay the costs.