CELEX: 62009TJ0483
Community trade mark
Opposition proceedings
Application for Community figurative mark Affiliato BRICO CENTER
Earlier Community figurative marks ATB CENTROS DE BRICOLAGE Brico Centro and CENTROS DE BRICOLAGE BricoCentro
Relative ground for refusal
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 207/2009

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 28 September 2009 (Case R 1048/2008-4) relating
to opposition proceedings between ATB Norte, SL and Bricocenter Italia Srl.
Information relating to the case
Applicant for the Community trade mark:
Bricocenter Italia, Srl
Community trade mark sought:
Figurative mark Affiliato BRICO CENTER in respect of services in Class 35 – Application No 4939344
Proprietor of the mark or sign cited in the opposition proceedings:
ATB Norte, SL
Mark or sign cited in opposition:
Figurative Community trade marks ATB CENTROS DE BRICOLAGE Brico Centro (No 989046) and CENTROS DE BRICOLAGE BricoCentro (No
3262623) in respect of services in Classes 35, 37 and 39
Decision of the Opposition Division:
Opposition upheld
Decision of the Board of Appeal:
Contested decision annulled and opposition dismissed in its entirety
Operative part
The Court:
1.
Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) of 28 September 2009 (Case R 1048/2008-4) inasmuch as it upheld the appeal of Bricocenter Italia Srl before
the Board of Appeal regarding the services of ‘advertising’, ‘business management’ and ‘business administration’ covered by
the Community trade mark application;
2.
Dismisses the remainder of the action;
3.
Orders ATB Norte, SL, Bricocenter Italia and OHIM each to bear their own costs incurred during the proceedings before the
General Court.