Judgment — ECLI:EU:T:2008:8
Date: 2008-01-15
Language of the case: English
Court formation: Third 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

Judgment of the Court of First Instance (Third Chamber) of 15 January 2008 – Hoya v OHIM – Indo (AMPLITUDE) (Case T-9/05) Community trade mark – Opposition proceedings – Application for the Community word mark AMPLITUDE – Earlier national figurative mark AMPLY – Relative ground 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 59, 62-64) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 3 November 2004 (Case R 433/2004-1), relating to opposition proceedings between Indo Internacional SA and Hoya Kabushiki Kaisha. Information relating to the case Applicant for the Community trade mark: Hoya Kabushiki Kaisha Community trade mark sought: Word mark AMPLITUDE for goods in Class 9 – Application No 001723931 Proprietor of the mark or sign cited in the opposition proceedings: Indo Internacional, SA Mark or sign cited in opposition: National figurative mark AMPLY Decision of the Opposition Division: Opposition dismissed Decision of the Board of Appeal: Annulment of the contested decision; registration refused Operative part The Court: 1. Dismisses the action; 2. Orders Hoya Kabushiki Kaisha to pay the costs.