CELEX: 62005TJ0105
Community trade mark
Opposition proceedings
Application for the figurative Community mark WATERFORD STELLENBOSCH
Earlier Community word mark WATERFORD
Relative ground for refusal
No likelihood of confusion
Absence of similarity between the goods
Absence of complementarity
Article 8(1)(b) of Regulation (EC) No 40/94

ACTION brought against the decision of the First Board of Appeal of OHIM of 15 December 2004 (Case R 240/2004-1) relating
to opposition proceedings between Waterford Wedgwood and Assembled Investments (Proprietary) Ltd.
Information relating to the case
Applicant for the Community trade mark:
Assembled Investments (Proprietary) Ltd
Community trade mark sought:
Figurative mark WATERFORD STELLENBOSCH for goods in Class 33 – Application No 1438860
Proprietor of the mark or sign cited in the opposition proceedings:
Waterford Wedgwood plc
Mark or sign cited in opposition:
Community Word mark WATERFORD for goods in Classes 3, 8, 11, 21, 24 and 34 – Community mark No 397521
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Contested decision annulled; application for registration dismissed
Operative part
The Court:

Annuls the decision of the First Board of Appeal of OHIM of 15 December 2004 (Case R 240/2004-1);

Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Waterford Wedgwood plc to
pay, in addition to their own costs, the costs incurred by the applicant.