CELEX: 62007TJ0180
Community trade mark
Opposition proceedings
Application for two Community figurative marks OFFSHORE LEGENDS, one in black and white, the other in blue, black and green
Earlier national figurative mark OFFSHORE 1
Relative grounds for refusal
Likelihood of confusion
Similarity of goods and signs
Absence of request for proof of genuine use of the earlier mark
Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
Article 43(2) and (3) of Regulation No 40/94 in conjunction with Article 15(2)(a) of Regulation No 40/94 (now Article 42(2) and (3) and point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009)

ACTION brought against the decision of the First Board of Appeal of OHIM of 7 March 2007 (Case R 1130/2006-1) concerning an
application for registration of the figurative mark MADRIDEXPORTA as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Promomadrid Desarrollo Internacional de Madrid, SA
Community trade mark sought:
Composite mark MADRIDEXPORTA for goods and services in Classes 16, 35, 36, 38, 39, 41 and 42 – Application No 4659553
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 7 March 2007 (Case R 1130/2006-1);
2.
Orders OHIM to pay the costs.