CELEX: 62004TJ0310
Community trade mark
Opposition proceedings
Application for the Community word mark FERRO
Earlier national word mark FERRERO
Relative ground for refusal
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94
Similarity of goods

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 17 March 2004 (Case R 540/2002-4), relating to
opposition proceedings between Ferrero OHG mbH and Cornu SA Fontain.
Information relating to the case
Applicant for the Community trade mark:
Cornu SA Fontain
Community trade mark sought:
Word mark FERRO for goods in Class 30
Proprietor of the mark or sign cited in the opposition proceedings:
Ferrero OHG mbH
Mark or sign cited in opposition:
National word mark FERRERO for goods in Classes 5, 29, 30, 32 and 33
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:

Dismisses the action;

Orders the applicant to pay its own costs, the whole of the costs relating to the procedural issue concerning its substitution
for Ferrero OHG mbH, and half of the costs incurred by the intervener;

Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay its own costs and half of those
incurred by the intervener.