CELEX: 62008TJ0273
Community trade mark
Opposition procedure
Application for the word trade mark First-On-Skin
Earlier national word trade mark FIRST
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 Fourth Board of Appeal of OHIM of 15 May 2008 (Case R 281/2007-4) concerning an
opposition procedure between X-Technology R & D Swiss GmbH and Ipko-Amcor BV.
Information relating to the case
Applicant for the Community trade mark:
X-Technology R & D Swiss GmbH
Community trade mark sought:
Word mark First-On-Skin for goods in Classes 18, 23 and 25 – Application No 4019981
Proprietor of the mark or sign cited in the opposition proceedings:
Ipko-Amcor BV
Mark or sign cited in opposition:
Word mark FIRST for goods in Class 25 (Benelux Registration No 401666), the objection having been lodged against registration
for goods in Class 25
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Decision of the Opposition Division annulled
Operative part
The Court:
1.
Dismisses the application;
2.
Orders X-Technology R & D Swiss GmbH to pay the costs.