Judgment of the Court of First Instance (Fifth Chamber) of 17 April 2008 – Dainichiseika Colour & Chemicals Mfg. v OHIM – Pelikan (Representation of a pelican)
(Case T-389/03)
Community trade mark – Opposition proceedings – Application for a figurative Community trade mark depicting a pelican – Earlier Community or national figurative trade mark Pelikan – Relative grounds for refusal – Likelihood of confusion – 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 96, 98, 102-103, 106)
Re:
| ACTION brought against the decision of the Second Chamber of the Board of Appeal of OHIM of 18 September 2003 (Case R 191/2002-2) relating to opposition proceedings between Pelikan Vertriebsgesellschaft mbH & Co. KG and Dainichiseika Colour & Chemicals Mfg. Co. Ltd. |
Information relating to the case
Applicant for the Community trade mark: | Dainichiseika Colour & Chemicals Mfg. Co. Ltd |
Community trade mark sought: | Figurative mark for goods in Classes 1, 2 and 17 – Application No 1005826 |
Proprietor of the mark or sign cited in the opposition proceedings: | Pelikan Vertriebsgesellschaft mbH & Co. KG |
Mark or sign cited in opposition: | Community or national figurative mark Pelikan |
Decision of the Opposition Division: | Registration refused |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
2. | | Orders Dainichiseika Colour & Chemicals Mfg. Co. Ltd to pay the costs. |