CELEX: 62007TJ0103
Community trade mark
Opposition proceedings
Application for figurative Community mark TRACK & FIELD USA
Earlier national figurative mark TRACK & FIELD
Relative ground for refusal
No likelihood of confusion
Lack of similarity between 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 18 January 2007 of the Fourth Board of Appeal of OHIM (Case No R 1061/2005-4)) concerning
opposition proceedings between Fratex Indústria e Comércio, Ltda and USA Track & Field, Inc.
Information relating to the case
Applicant for the Community trade mark:
USA Track & Field, Inc
Community trade mark sought:
Figurative mark USA TRACK & FIELD – Application No 1680883
Proprietor of the mark or sign cited in the opposition proceedings:
Fratex Indústria e Comércio, Ltda
Mark or sign cited in opposition:
Figurative national mark TRACK & FIELD
Decision of the Opposition Division:
Opposition upheld
Decision of the Board of Appeal:
Appeal by USA Track & Field, Inc allowed
Operative part
The Court:
1.
Dismisses the application;
2.
Orders Fratex Indústria e Comércio, Ltda to pay the costs.