Judgment — ECLI:EU:T:2008:513
Date: 2008-11-19
Language of the case: German
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Figurative marks applied for
Procedure: Action for annulment - unfounded
Origin: Spain

Judgment of the Court of First Instance (Seventh Chamber) of 19 November 2008 – Ercros v OHIM – Degussa (TAI CROS) (Case T-315/06) Community trade mark – Opposition proceedings – Application for the Community figurative mark TAI CROS – Earlier national word marks CROS, SOCIEDAD ANÓNIMA CROS and ERCROS – Earlier national figurative marks CROS – Relative ground for refusal – No likelihood of confusion – No similarity of the signs – Article 8(1)(b) of Regulation (EC) No 40/94 Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 29, 42-43, 47) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 20 September 2006 (Case R 29/2006-1) concerning opposition proceedings between Ercros, SA and Degussa GmbH. Information relating to the case Applicant for the Community trade mark: Degussa GmbH Community trade mark sought: Figurative mark TAI CROS for goods in Class 1 – Application No 2768851 Proprietor of the mark or sign cited in the opposition proceedings: Ercros, SA Mark or sign cited in opposition: National word marks CROS, SOCIEDAD ANÓNIMA CROS and ERCROS and national figurative marks CROS for goods in Class 1 Decision of the Opposition Division: Rejection of the opposition Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Ercros, SA to pay the costs.