Judgment of the Court of First Instance of 1 July 2009 - Perfetti Van Melle v OHIM - Cloetta Fazer (CENTER SHOCK)
(Community trade mark - Invalidity proceedings - Community word mark CENTER SHOCK - Earlier national word marks CENTER - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009))
Language of the case: English
Parties
Applicant: Perfetti Van Melle SpA (Lainate, Italy) (represented by: P. Perani and P. Pozzi, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Cloetta Fazer AB (Ljungsbro, Sweden) (represented by: J. Runsten and S. Sparring initially, and subsequently by M. Treis, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 7 November 2007 (Case R 149/2006-4), relating to invalidity proceedings between Cloetta Fazer AB and Perfetti Van Melle SpA.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Perfetti Van Melle SpA to pay the costs.
____________1 - OJ C 64, 8.3.2008.