CELEX: 62007TJ0168
Community trade mark
Opposition proceedings
Application for registration of the figurative mark PTR PROFESSIONAL TENNIS REGISTRY as a Community trade mark
Earlier national and Community figurative mark RPT Registro Profesional de Tenis, S.L. and earlier national figurative mark RPT European Registry of Professional Tennis
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 First Board of Appeal of OHIM of 28 February 2007, as corrected (Case R 1050/2005‑1),
concerning opposition proceedings between Registro Profesional de Tenis, SL and Professional Tennis Registry, Inc.
Information relating to the case
Applicant for the Community trade mark:
Professional Tennis Registry, Inc.
Community trade mark sought:
Figurative mark PTR PROFESSIONAL TENNIS REGISTRY for goods and services in Classes 16, 25 and 41 – Application No 2826709
Proprietor of the mark or sign cited in the opposition proceedings:
Registro Profesional de Tenis, SL
Mark or sign cited in opposition:
National figurative marks RPT Registro Profesional de Tenis, S.L. and RPT European Registry of Professional Tennis for services
in Class 41
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Partial annulment of the decision of the Opposition Division; application for Community mark rejected for goods and services
in Classes 16 and 41
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 28 February 2007, as corrected (Case R 1050/2005‑1);
2.
Orders OHIM to bear its own costs and to pay the costs incurred by Professional Tennis Registry, Inc.;
3.
Orders Registro Profesional de Tenis, SL, to bear its own costs.