CELEX: 62007CJ0108
Appeal
Community trade mark
Regulation (EC) No 40/94
Article 8(1)(b)
Likelihood of confusion
Application for Community word mark FERRO
Opposition by the proprietor of the earlier national word mark FERRERO
Evidence of the enhanced distinctiveness of the earlier mark

Appeal against the judgment of the Court of First Instance (Third Chamber) of 15 December 2006 in Case T-310/04
Ferrero Deutschland
v
OHIM and Cornu
against the decision of the Fourth Board of Appeal of OHIM of 17 March 2004 (Case R 540/2002-4) relating to opposition proceedings
between Ferrero OHG mbh and Cornu SA Fontain – Interpretation of Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20
December 1993 (OJ 1994 L 11, p. 1) – Likelihood of confusion between two trade marks – Weak degree of similarity between the
goods – Distinctiveness of the earlier mark.
Operative part
The Court:
1.
Sets aside the judgment of the Court of First Instance of the European Communities of 15 December 2006 in Case T‑310/04 Ferrero
Deutschland v OHIM– Cornu (FERRO);
2.
Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) of 17 March 2004 (Case R 540/2002‑4);
3.
Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Cornu SA Fontain to pay the
costs of the appeal;
4.
Orders Ferrero Deutschland GmbH to bear its own costs in relation to the proceedings at first instance, except for those relating
to the intervention of Cornu SA Fontain;
5.
Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to bear its own costs in relation
to the proceedings at first instance, except for those relating to the intervention of Cornu SA Fontain;
6.
Orders Cornu SA Fontain to bear its own costs and to pay the costs incurred by Ferrero Deutschland GmbH and the Office for
Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) in relation to its intervention.