CELEX: 62009TJ0192
Community trade mark
Opposition proceedings
Application for Community figurative mark SEVE TROPHY
Earlier Community figurative marks Seve Ballesteros Trophy and SEVE TROPHY
Relative grounds for refusal
Lack of similarity of the goods and of the services
Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
No unfair advantage taken of or detriment caused to the distinctive character or repute of the earlier marks
Article 8(5) of Regulation No 40/94 (now Article 8(5) of Regulation No 207/2009

ACTION brought against the decision of the Second Board of Appeal of OHIM of 5 March 2009 (Case R 462/2008-2) relating to
opposition proceedings between Amen Corner, SA and Comercio Electrónico Ojal, SL.
Information relating to the case
Applicant for the Community trade mark:
Comercio Electrónico Ojal, SL
Community trade mark sought:
Figurative mark including the verbal component SEVE TROPHY for goods and services in Classes 3, 9, 14, 18, 25, 28, 35 and
41 – Application No 4617213
Proprietor of the mark or sign cited in the opposition proceedings:
Amen Corner, SA
Mark or sign cited in opposition:
Community figurative trade marks SEVE TROPHY and Seve Ballesteros Trophy (Nos 1541226, 1980341, 2068682 and No 3846235) for
goods and services in Classes 3, 14, 25, 28, 35 and 41
Decision of the Opposition Division:
Opposition dismissed under Article 8(5) of Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1994 L 11, p.
1) (replaced by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1);
opposition partially upheld under Article 8(1)(b) of the same regulation
Decision of the Board of Appeal:
Appeal upheld in part
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Amen Corner, SA to pay the costs.