CELEX: 62008TJ0152
Community trade mark
Opposition proceedings
Application for Community word mark SCORPIONEXO
Earlier national figurative mark ESCORPION
Relative ground for refusal
Likelihood of confusion
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 the First Board of Appeal of OHIM of 31 January 2008 (Case R 287/2007-1), relating
to opposition proceedings between Amberes, SA and Kido Industrial Ltd.
Information relating to the case
Applicant for the Community trade mark:
Kido Industrial Ltd
Community trade mark sought:
Word mark SCORPIONEXO for goods in Classes 9 and 28 Application No – 3886249
Proprietor of the mark or sign cited in the opposition proceedings:
Amberes, SA
Mark or sign cited in opposition:
Spanish figurative marks (No 339142, No 499599, No 499600 and No 339140) and international figurative marks (No 206346 and
No 206347) composed of the design of a scorpion and the word ESCORPION, for goods in Classes 6, 8, 12, 16, 20, 21 and 28;
and in Classes 22, 24 to 26 respectively. Spanish word mark ESCORPION (No 555764) for goods in Class 25. Community word mark
ESCORPION (No 778217) for goods in Classes 22, 24 to 26.
Decision of the Opposition Division:
The Opposition Division, founding its decision solely on the earlier Spanish figurative mark No 339142 allowed the opposition
in respect of goods in Classes 9 and 28, and refused entirely the application for registration in respect of those goods.
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Kido Industrial Ltd to pay the costs.