Judgment — ECLI:EU:T:2010:553
Date: 2010-12-17
Language of the case: Spanish
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

summary of the pleas in law on which the application is based – Admissibility (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)(c); Council Regulation No 40/94, Art. 63) (see para. 29) 2. 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 52-59) 3. 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 enjoying a reputation – Protection of well-known earlier mark extended to dissimilar goods or services (Council Regulation No 40/94, Art. 8(5)) (see paras 66-79) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 5 March 2009 (Case R 462/2008-2) relating to opposition proceedings between Amen Corner, SA and Comercio Electrónico Ojal, SL. Information relating to the case Applicant for the Community trade mark: Comercio Electrónico Ojal, SL Community trade mark sought: Figurative mark including the verbal component SEVE TROPHY for goods and services in Classes 3, 9, 14, 18, 25, 28, 35 and 41 – Application No 4617213 Proprietor of the mark or sign cited in the opposition proceedings: Amen Corner, SA Mark or sign cited in opposition: Community figurative trade marks SEVE TROPHY and Seve Ballesteros Trophy (Nos 1541226, 1980341, 2068682 and No 3846235) for goods and services in Classes 3, 14, 25, 28, 35 and 41 Decision of the Opposition Division: Opposition dismissed under Article 8(5) of Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1994 L 11, p. 1) (replaced by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1); opposition partially upheld under Article 8(1)(b) of the same regulation Decision of the Board of Appeal: Appeal upheld in part Operative part The Court: 1. Dismisses the action; 2. Orders Amen Corner, SA to pay the costs.