CELEX: 62004TJ0333
Community trade mark
Opposition proceedings
Applications for Community figurative marks ‘House of donuts’
Earlier national word marks ‘DONUT’ and earlier figurative marks ‘donuts’
Relative ground for refusal
Likelihood of confusion

TWO ACTIONS brought against the decisions of the Fourth Board of Appeal of OHIM of 12 May 2004 (Cases R 1034/2001‑4 and R
1036/2001‑4) concerning opposition proceedings between Panrico, SA and House of Donuts International.
Information relating to the case
Applicant for the Community trade mark:
House of Donuts International
Community trade mark sought:
Figurative mark ‘House of donuts’ for goods and services in classes 30, 32 and 42 – Application No 474486
Proprietor of the mark or sign cited in the opposition proceedings:
Panrico, SA
Mark or sign cited in opposition:
Spanish word and figurative marks ‘DONUT’ and ‘donuts’ for goods and services in classes 30, 32 and 42
Decision by the Opposition Division:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:

Dismisses the action;

Orders the applicant to pay the costs of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and
of the intervener.