CELEX: 62005TJ0009
Community trade mark
Opposition proceedings
Application for the Community word mark AMPLITUDE
Earlier national figurative mark AMPLY
Relative ground for refusal
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94

ACTION brought against the decision of the First Board of Appeal of OHIM of 3 November 2004 (Case R 433/2004-1), relating
to opposition proceedings between Indo Internacional SA and Hoya Kabushiki Kaisha.
Information relating to the case
Applicant for the Community trade mark:
Hoya Kabushiki Kaisha
Community trade mark sought:
Word mark AMPLITUDE for goods in Class 9 – Application No 001723931
Proprietor of the mark or sign cited in the opposition proceedings:
Indo Internacional, SA
Mark or sign cited in opposition:
National figurative mark AMPLY
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Annulment of the contested decision; registration refused
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Hoya Kabushiki Kaisha to pay the costs.