Judgment of the Court of First Instance (Seventh Chamber) of 19 November 2008 – Ercros v OHIM – Degussa (TAI CROS)
(Case T-315/06)
Community trade mark – Opposition proceedings – Application for the Community figurative mark TAI CROS – Earlier national word marks CROS, SOCIEDAD ANÓNIMA CROS and ERCROS – Earlier national figurative marks CROS – Relative ground for refusal – No likelihood of confusion – No similarity of the signs – Article 8(1)(b) 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 29, 42-43, 47)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 20 September 2006 (Case R 29/2006-1) concerning opposition proceedings between Ercros, SA and Degussa GmbH. |
Information relating to the case
Applicant for the Community trade mark: | Degussa GmbH |
Community trade mark sought: | Figurative mark TAI CROS for goods in Class 1 – Application No 2768851 |
Proprietor of the mark or sign cited in the opposition proceedings: | Ercros, SA |
Mark or sign cited in opposition: | National word marks CROS, SOCIEDAD ANÓNIMA CROS and ERCROS and national figurative marks CROS for goods in Class 1 |
Decision of the Opposition Division: | Rejection of the opposition |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
2. | | Orders Ercros, SA to pay the costs. |