Judgment of the Court of First Instance of 29 October 2009 - Peek & Cloppenburg v OHIM - Redfil (Agile)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark Agile - Earlier Community and national word marks Aygill's - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
Language of the case: English
Parties
Applicant: Peek & Cloppenburg (Hamburg, Germany) (represented by: T. Dolde, A. Renck and V. von Bomhard, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by S. Laitinen, and subsequently by R. Pethke, Agents)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Redfil, SL (Barcelona, Spain) (represented by: C. Hernández Hernández, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 26 July 2007 (Case R 1324/2006-2), relating to opposition proceedings between Peek & Cloppenburg and Redfil, SL.
Operative part of the judgment
The Court:
1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 July 2007 (Case R 1324/2006 2).
2. Orders OHIM to pay the costs incurred by Peek & Cloppenburg.
3. Orders Redfil, SL to bear its own costs.
____________1 - OJ C 297, 8.12.2007.