CELEX: 62008TJ0016
Community trade mark
Invalidity proceedings
Community word mark CENTER SHOCK
Earlier national word marks CENTER
Relative ground for refusal
Likelihood of confusion
Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation No (EC) 207/2009)

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 7 November 2007 (Case R 149/2006-4) relating
to invalidity proceedings between Cloetta Fazer AB and Perfetti Van Melle SpA.
Information relating to the case
Registered Community trade mark subject of the application for a declaration of invalidity:
The word mark ‘CENTER SHOCK’ for goods in Class 30 – Community trade mark No 973065
Proprietor of the Community trade mark:
Perfetti Van Melle SpA
Party requesting the declaration of invalidity of the Community trade mark:
Cloetta Fazer AB
Trade mark right of the party requesting the declaration of invalidity:
The national word marks ‘CENTER’ and ‘CLOETTA CENTER’ for goods in, inter alia, Class 30
Decision of the Cancellation Division:
Declaration of invalidity of the Community trade mark
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.      Dismisses the action;
2.      Orders Perfetti Van Melle SpA to pay the costs.