Judgment — ECLI:EU:T:2009:346
Date: 2009-09-23
Language of the case: English
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks applied for
Procedure: Action for annulment - unfounded;Action for annulment - successful
Origin: France

Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 – Phildar v OHIM – Comercial Jacinto Parera (FILDOR) (Case T-99/06) Community trade mark – Opposition proceedings – Application for the Community word mark FILDOR – Earlier national semi-figurative mark PHILDAR – Earlier national word mark FILDOR – Earlier international word and semi-figurative marks PHILDAR – Relative ground for refusal – Likelihood of confusion – Articles 8(1)(b), 62 and 73 of Regulation (EC) No 40/94 (now Articles 8(1)(b), 64 and 75 of Regulation (EC) No 207/2009) 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 33, 68-85) Re: ACTION against the decision of the Second Board of Appeal of OHIM of 16 January 2006 (Case R 245/2004‑2) relating to opposition proceedings between Phildar SA and Comercial Jacinto Parera, SA. Information relating to the case Applicant for the Community trade mark: Comercial Jacinto Parera, SA Community trade mark sought: Word mark FILDOR for goods in Classes 22 to 26 – Application No 831834 Proprietor of the mark or sign cited in the opposition proceedings: Phildar SA Mark or sign cited in opposition: National and international word and figurative marks FILDOR and PHILDAR for goods in Classes 22 to 26 Decision of the Opposition Division: Opposition upheld Decision of the Board of Appeal: Annulment of the Opposition Division’s decision 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 16 January 2006 (Case R 245/2004‑2); 2. Orders OHIM to pay the costs.