CELEX: 62006TJ0099
Community trade mark
Opposition proceedings
Application for the Community word mark FILDOR
Earlier national semi-figurative mark PHILDAR
Earlier national word mark FILDOR
Earlier international word and semi-figurative marks PHILDAR
Relative ground for refusal
Likelihood of confusion
Articles 8(1)(b), 62 and 73 of Regulation (EC) No 40/94 (now Articles 8(1)(b), 64 and 75 of Regulation (EC) No 207/2009)

ACTION against the decision of the Second Board of Appeal of OHIM of 16 January 2006 (Case R 245/2004‑2) relating to opposition
proceedings between Phildar SA and Comercial Jacinto Parera, SA.
Information relating to the case
Applicant for the Community trade mark:
Comercial Jacinto Parera, SA
Community trade mark sought:
Word mark FILDOR for goods in Classes 22 to 26 – Application No 831834
Proprietor of the mark or sign cited in the opposition proceedings:
Phildar SA
Mark or sign cited in opposition:
National and international word and figurative marks FILDOR and PHILDAR for goods in Classes 22 to 26
Decision of the Opposition Division:
Opposition upheld
Decision of the Board of Appeal:
Annulment of the Opposition Division’s decision
Operative part
The Court:
1.
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) of 16 January 2006 (Case R 245/2004‑2);
2.
Orders OHIM to pay the costs.