CELEX: 62007TJ0366
Community trade mark
Opposition proceedings
Application for Community word mark P&G PRESTIGE BEAUTE
Earlier national figurative marks Prestige
Partial refusal to register
Relative ground for refusal
No 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 Second Board of Appeal of OHIM of 19 July 2007 (Case R 681/2006-2) relating to
opposition proceedings between Prestige Cosmetics Srl and The Procter & Gamble Company.
Information relating to the case
Applicant for the Community trade mark:
The Procter & Gamble Company
Community trade mark sought:
Word mark P&G PRESTIGE BEAUTE for, inter alia, goods in Class 3
Proprietor of the mark or sign cited in the opposition proceedings:
Prestige Cosmetics Srl
Mark or sign cited in opposition:
National figurative marks Prestige for goods in Class 3
Decision of the Opposition Division:
Opposition partially upheld
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) of 19 July 2007 (Case R 681/2006-2);
2.
Orders OHIM to pay, in addition to its own costs, the costs incurred by The Procter & Gamble Company in the proceedings before
the Court;
3.
Orders Prestige Cosmetics SpA to pay, in addition to its own costs, the costs incurred by The Procter & Gamble Company in
the proceedings before the Board of Appeal;
4.
Dismisses the action as to the remainder.