CELEX: 62007TJ0304
Community trade mark
Opposition proceedings
Application for a Community figurative mark representing a stylised arch with the surface in solid colour
Earlier Community figurative mark representing a stylised arch
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 14 June 2007 in Case R 768/2006-1 relating to
opposition proceedings between Camper, SL and Calzaturificio Frau SpA.
Information relating to the case
Applicant for the Community trade mark:
Calzaturificio Frau SpA
Community trade mark sought:
Figurative mark representing a stylised arch with the surface in solid colour for goods in Classes 18 and 25 – Application
No 3388097
Proprietor of the mark or sign cited in the opposition proceedings:
Camper, SL
Mark or sign cited in opposition:
Spanish national tridimensional mark reproducing the shape of a shoe, for goods in Class 25, a series of English national
figurative marks representing, in various formats, arches, for goods in Class 25, and two Community figurative marks, also
in the shape of an arch for goods in Class 18
Decision of the Opposition Division:
Opposition partially rejected
Decision of the Board of Appeal:
Contested decision annulled; application for registration dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Calzaturificio Frau SpA to pay the costs.