Judgment of the Court of First Instance (Third Chamber) of 15 December 2005 − RB Square Holdings Spain v OHIM – Unelko (clean x)

(Case T-384/04)

Community trade mark – Figurative mark containing the word element ‘clean x’ – Opposition by the proprietor of the earlier national word and figurative marks CLEN – Rejection of the opposition – 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 – Figurative mark including the word element ‘clean x’ and word and figurative marks CLEN (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 48)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 June 2004 (Case R 652/2002-4) relating to opposition proceedings between RB Square Holdings Spain, SL and Unelko NV.

Information relating to the case

Applicant for the Community trade mark:	Unelko NV
Community trade mark sought	Figurative mark ‘clean x’ – Application No 222471, for goods in Class 3 (bleaching preparations, etc.)
Proprietor of the mark or sign cited in the opposition proceedings:	RB Square Holdings Spain, SL
Mark or sign sited in opposition:	National word and figurative mark ‘CLEN’
Decision of the Opposition Division:	Rejection of the opposition
Decision of the Board of Appeal:	Dismissal of the action

Operative part

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.