Judgment of the Court of First Instance (Sixth Chamber) of 5 November 2008 – Calzaturificio Frau v OHIM – Camper (Representation of a stylised arch with the surface in solid colour)
(Case T-304/07)
Community trade mark – Opposition proceedings – Application for a Community figurative mark representing a stylised arch with the surface in solid colour – Earlier Community figurative mark representing a stylised arch – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94
1. Community trade mark – Definition and acquisition of the Community trade mark – Relative ground 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 30, 33, 36-37, 40, 52)
2. Community trade mark – Procedural provisions – Statement of reasons for decisions (Council Regulation No 40/94, Art. 73) (see paras 57-58)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 14 June 2007 in Case R 768/2006-1 relating to opposition proceedings between Camper, SL and Calzaturificio Frau SpA. |
Information relating to the case
Applicant for the Community trade mark: | Calzaturificio Frau SpA |
Community trade mark sought: | Figurative mark representing a stylised arch with the surface in solid colour for goods in Classes 18 and 25 – Application No 3388097 |
Proprietor of the mark or sign cited in the opposition proceedings: | Camper, SL |
Mark or sign cited in opposition: | Spanish national tridimensional mark reproducing the shape of a shoe, for goods in Class 25, a series of English national figurative marks representing, in various formats, arches, for goods in Class 25, and two Community figurative marks, also in the shape of an arch for goods in Class 18 |
Decision of the Opposition Division: | Opposition partially rejected |
Decision of the Board of Appeal: | Contested decision annulled; application for registration dismissed |
Operative part
The Court:
2. | | Orders Calzaturificio Frau SpA to pay the costs. |