Judgment — ECLI:EU:T:2008:114
Date: 2008-04-17
Language of the case: English
Court formation: Fifth 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;Action for annulment - inadmissible

Judgment of the Court of First Instance (Fifth Chamber) of 17 April 2008 – Dainichiseika Colour & Chemicals Mfg. v OHIM – Pelikan (Representation of a pelican) (Case T-389/03) Community trade mark – Opposition proceedings – Application for a figurative Community trade mark depicting a pelican – Earlier Community or national figurative trade mark Pelikan – Relative grounds for refusal – Likelihood of confusion – 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 96, 98, 102-103, 106) Re: ACTION brought against the decision of the Second Chamber of the Board of Appeal of OHIM of 18 September 2003 (Case R 191/2002-2) relating to opposition proceedings between Pelikan Vertriebsgesellschaft mbH & Co. KG and Dainichiseika Colour & Chemicals Mfg. Co. Ltd. Information relating to the case Applicant for the Community trade mark: Dainichiseika Colour & Chemicals Mfg. Co. Ltd Community trade mark sought: Figurative mark for goods in Classes 1, 2 and 17 – Application No 1005826 Proprietor of the mark or sign cited in the opposition proceedings: Pelikan Vertriebsgesellschaft mbH & Co. KG Mark or sign cited in opposition: Community or national figurative mark Pelikan Decision of the Opposition Division: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Dainichiseika Colour & Chemicals Mfg. Co. Ltd to pay the costs.