CELEX: 62007TJ0161
Community trade mark
Opposition proceedings
Application for the figurative Community mark COYOTE UGLY
Earlier Community word mark COYOTE UGLY
Relative ground for refusal
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94

ACTION brought against the decision of the Second Board of Appeal of OHIM of 2 March 2007 (Joined Cases R 165/2006-2 and R
194/2006-2) concerning an opposition procedure between Ugly Inc. and Group Lottuss Corp., SL.
Information relating to the case
Applicant for the Community trade mark:
Group Lottuss Corp., SL
Community trade mark sought:
Figurative mark COYOTE UGLY for goods and services in Classes 9, 41 and 42 – Application No 2428795
Proprietor of the mark or sign cited in the opposition proceedings:
Ugly, Inc.
Mark or sign cited in opposition:
Community word mark COYOTE UGLY for goods in Classes 14, 16, 21, 25, 32 and 34, and earlier, well-known, unregistered word
and figurative marks COYOTE UGLY for goods and services in Classes 14, 16, 21, 25, 32, 33, 34, 41 and 42.
Decision of the Opposition Division:
Opposition partially upheld; application for Community trade mark refused in relation to services in Class 42.
Decision of the Board of Appeal:
Contested decision annulled in so far as it rejected the opposition to ‘entertainment services and services for discotheques
and parties’ in Class 41 referred to in the application for registration; application for registration dismissed for those
services
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Group Lottuss Corp., SL to bear all its own costs, to pay four fifths of the costs of the Office for Harmonisation
in the Internal Market (Trade Marks and Designs) (OHIM) and to pay four fifths of the costs of Ugly Inc.;
3.
Orders Ugly Inc. to bear one fifth of its own costs and to pay one fifth of OHIM’s costs.