Judgment of the Court of First Instance (Eighth Chamber) of 4 March 2009 – Professional Tennis Registry v OHIM – Registro Profesional de Tenis (PTR PROFESSIONAL TENNIS REGISTRY)

(Case T-168/07)

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

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 26, 43)

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.

Information relating to the case

Applicant for the Community trade mark:	Professional Tennis Registry, Inc.
Community trade mark sought:	Figurative mark PTR PROFESSIONAL TENNIS REGISTRY for goods and services in Classes 16, 25 and 41 – Application No 2826709
Proprietor of the mark or sign cited in the opposition proceedings:	Registro Profesional de Tenis, SL
Mark or sign cited in opposition:	National figurative marks RPT Registro Profesional de Tenis, S.L. and RPT European Registry of Professional Tennis for services in Class 41
Decision of the Opposition Division:	Opposition dismissed
Decision of the Board of Appeal:	Partial annulment of the decision of the Opposition Division; application for Community mark rejected for goods and services in Classes 16 and 41

Operative part

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.