Judgment of the Court of First Instance of 4 March 2009 - Professional Tennis Registry v OHIM - Registro Profesional de Tenis (PTR PROFESSIONAL TENNIS REGISTRY)
(Community trade mark - Opposition proceedings - Application for registration of the figurative mark PTR PROFESSIONAL TENNIS REGISTRY as a Community trade mark - Earlier national and Community figurative mark RPT Registro Profesional de Tenis, S.L. and earlier national figurative mark RPT European Registry of Professional Tennis - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)
Language of the case: English
Parties
Applicant: Professional Tennis Registry, Inc. (Hilton Head Island, South Carolina, United States) (represented by: M. Vanhegan and B. Brandreth, Barristers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Registro Profesional de Tenis, SL (Madrid, Spain) (represented by: M. Zarobe, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 28 February 2007, as corrected (Case R 1050/2005-1), concerning opposition proceedings between Registro Profesional de Tenis, SL and Professional Tennis Registry, Inc.
Operative part of the judgment
The Court:
1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 February 2007, as corrected (Case R 1050/2005-1);
2. Orders OHIM to bear its own costs and to pay the costs incurred by Professional Tennis Registry, Inc.;
3. Orders Registro Profesional de Tenis, SL, to bear its own costs.
____________1 - OJ C 170, 21.7.2007.