CELEX: 62005TJ0414
Community trade mark
Opposition proceedings
Application for the Community figurative mark LA KINGS
Earlier national figurative mark KING
Relative ground for refusal
No likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 6 July 2005 (Case R 371/2003-4), concerning opposition
proceedings between Glory & Pompea, SA and NHL Enterprises BV.
Information relating to the case
Applicant for the Community trade mark:
NHL Enterprises BV
Community trade mark sought:
Figurative mark LA KINGS for goods in Classes 16, 25 and 41 – Application No 1041102
Proprietor of the mark or sign cited in the opposition proceedings:
Manufacturas Antonio Gassol SA. The mark cited in the opposition was later assigned to Glory & Pompea, SA
Mark or sign cited in opposition:
National figurative mark KING for goods in Class 25
Decision of the Opposition Division:
Opposition upheld for all the goods applied for in Class 25
Decision of the Board of Appeal:

Appeal dismissed
Operative part
The Court:
1.
Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) of 6 July 2005 (Case R 371/2003-4);
2.
Orders OHIM to pay its own costs and those incurred by NHL Enterprises BV.