Judgment of the Court of First Instance (Fifth Chamber) of 24 September 2008 – Anvil Knitwear v OHIM – Aprile e Aprile (Aprile)

(Case T-179/07)

Community trade mark – Opposition proceedings – Application for the Community figurative mark Aprile – Earlier national word mark ANVIL – Relative ground for refusal – No likelihood of confusion – Obligation to state reasons – Rights of the defence – Articles 8(1)(b), 73 and 74 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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 55, 57-63)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 22 March 2007 (Case R-1076/2006-2), relating to opposition proceedings between Anvil Knitwear, Inc. and Aprile e Aprile Srl.

Operative part

The Court:

1. Dismisses the action;

2. Orders Anvil Knitwear, Inc. to pay the costs.