CELEX: 62003TJ0389
Community trade mark
Opposition proceedings
Application for a figurative Community trade mark depicting a pelican
Earlier Community or national figurative trade mark Pelikan
Relative grounds for refusal
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94

ACTION brought against the decision of the Second Chamber of the Board of Appeal of OHIM of 18 September 2003 (Case R 191/2002-2)
relating to opposition proceedings between Pelikan Vertriebsgesellschaft mbH & Co. KG and Dainichiseika Colour & Chemicals
Mfg. Co. Ltd.
Information relating to the case
Applicant for the Community trade mark:
Dainichiseika Colour & Chemicals Mfg. Co. Ltd
Community trade mark sought:
Figurative mark for goods in Classes 1, 2 and 17 – Application No 1005826
Proprietor of the mark or sign cited in the opposition proceedings:
Pelikan Vertriebsgesellschaft mbH & Co. KG
Mark or sign cited in opposition:
Community or national figurative mark Pelikan
Decision of the Opposition Division:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Dainichiseika Colour & Chemicals Mfg. Co. Ltd to pay the costs.