CELEX: 62007TJ0386
Community trade mark
Opposition proceedings
Application for the Community figurative mark Agile
Earlier Community and national word marks Aygill’s
Relative ground for refusal
Likelihood of confusion
Similarity of the signs
Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the Second Board of Appeal of OHIM of 26 July 2007 (Case R 1324/2006-2), relating to
opposition proceedings between Peek & Cloppenburg and Redfil, SL.
Information relating to the case
Applicant for the Community trade mark:
Redfil, SL
Community trade mark sought:
Figurative mark Agile for goods in Classes 18, 25 and 28 – Application No 2659456
Proprietor of the mark or sign cited in the opposition proceedings:
Peek & Cloppenburg
Mark or sign cited in opposition:
Community and national word mark Aygill’s for goods in Classes 3, 6, 8, 9, 11, 14, 16, 18, 20, 21 and 24 to 28
Decision of the Opposition Division:
Opposition upheld in its entirety
Decision of the Board of Appeal:
Annulment of the Opposition Division’s decision and dismissal of the opposition in its entirety
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 26 July 2007 (Case R 1324/2006 2);
2.
Orders OHIM to pay the costs incurred by Peek & Cloppenburg;
3.
Orders Redfil, SL to bear its own costs.