Judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009 – Hedgefund Intelligence v OHIM – Hedge Invest (InvestHedge)

(Case T-67/08)

Community trade mark – Opposition proceedings – Application for the Community figurative mark InvestHedge – Earlier Community figurative mark Hedge Invest – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

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 33, 53-56)

Re:

ACTION against the decision of the Second Board of Appeal of OHIM of 28 November 2007 (Case R 148/2007-2) relating to opposition proceedings between Hedge Invest SpA and Hedgefund Intelligence Ltd.

Information relating to the case

Applicant for the Community trade mark:	Hedgefund Intelligence Ltd
Community trade mark sought:	The figurative mark InvestHedge for goods and services in Classes 9, 16, 36 and 41 – Application No 3081081
Proprietor of the mark or sign cited in the opposition proceedings:	Hedge Invest SpA
Mark or sign cited in opposition:	The Community figurative mark HEDGE INVEST for services in Class 36
Decision of the Opposition Division:	Opposition upheld for all the contested services in Classes 36 and 41
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1.      Dismisses the action;

2.      Orders Hedgefund Intelligence Ltd to pay the costs.