Judgment — ECLI:EU:T:2007:152
Date: 2007-05-23
Language of the case: German
Court formation: Fourth 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 - inadmissible
Origin: Germany

Judgment of the Court of First Instance (Fourth Chamber) of 23 May 2007 – Henkel v OHIM – SERCA (COR) (Case T-342/05) Community trade mark – Opposition proceedings – Application for Community word mark COR – Earlier national figurative mark including the word element ‘dor’ in gothic script – Relative ground for refusal – No 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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 52-54) Re: ACTION for annulment brought against the decision of the First Board of Appeal of OHIM of 14 July 2005 (Case R 556/2003-1) relating to opposition proceedings between Henkel KGaA and Serra Y Roca, SA (SERCA). Information relating to the case Applicant for the Community trade mark: Serra Y Roca, SA (SERCA) Community trade mark sought: Word mark COR for goods in Class 3 – Application No 1284470 Proprietor of the mark or sign cited in the opposition proceedings: Henkel KGaA Mark or sign cited in opposition: National figurative mark ‘dor’ for goods in Classes 3, 5 and 21 Decision of the Opposition Division: Opposition dismissed in respect of goods in Class 3 Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders the applicant to pay the costs.