Judgment — ECLI:EU:T:2009:240
Date: 2009-07-01
Language of the case: English
Court formation: Eighth 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
Origin: Italy

Judgment of the Court of First Instance (Eighth Chamber) of 1 July 2009 – Perfetti Van Melle v OHIM – Cloetta Fazer (CENTER SHOCK) (Case T-16/08) Community trade mark – Invalidity proceedings – Community word mark CENTER SHOCK – Earlier national word marks CENTER – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009) Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity (Council Regulation No 40/94, Arts 8(1)(b) and 52(1)(a)) (see paras 41-44, 49-50) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 7 November 2007 (Case R 149/2006-4) relating to invalidity proceedings between Cloetta Fazer AB and Perfetti Van Melle SpA. Information relating to the case Registered Community trade mark subject of the application for a declaration of invalidity: The word mark ‘CENTER SHOCK’ for goods in Class 30 – Community trade mark No 973065 Proprietor of the Community trade mark: Perfetti Van Melle SpA Party requesting the declaration of invalidity of the Community trade mark: Cloetta Fazer AB Trade mark right of the party requesting the declaration of invalidity: The national word marks ‘CENTER’ and ‘CLOETTA CENTER’ for goods in, inter alia, Class 30 Decision of the Cancellation Division: Declaration of invalidity of the Community trade mark Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Perfetti Van Melle SpA to pay the costs.