Judgment of the Court of First Instance of 16 September 2009 - Offshore Legends v OHIM - Acteon (OFFSHORE LEGENDS in black and white and OFFSHORE LEGENDS in blue, black and green)
(Joined Cases T-305/07 and T-306/07)
(Community trade mark - Opposition proceedings - Application for two Community figurative marks OFFSHORE LEGENDS, one in black and white, the other in blue, black and green - Earlier national figurative mark OFFSHORE 1 - Relative grounds for refusal - Likelihood of confusion - Similarity of goods and signs - Absence of request for proof of genuine use of the earlier mark - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Article 43(2) and (3) of Regulation No 40/94 in conjunction with Article 15(2)(a) of Regulation No 40/94 (now Article 42(2) and (3) and point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009))
Language of the case: French
Parties
Applicant: Offshore Legends (Nevele, Belgium) (represented by: P. Maeyaert and N. Clarembeaux, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Acteon (Saint-Tropez, France) (represented by: M. Milon, lawyer)
Re:
Two actions brought against two decisions of the Second Board of Appeal of OHIM of 29 May 2007 (Case R 1031/2006-2 and Case R 1038/2006-2) relating to opposition proceedings between Acteon and Offshore Legends
Operative part of the judgment
The Court:
1. dismisses the actions;
2. orders Offshore Legends to pay the costs.
____________1 - OJ C 269, 10.11.2007.