Language of document : ECLI:EU:T:2008:513





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:

1.

Dismisses the action;

2.

Orders Ercros, SA to pay the costs.