Judgment — ECLI:EU:T:2009:51
Date: 2009-03-04
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: Figurative marks applied for
Procedure: Action for annulment - successful

Judgment of the Court of First Instance of 4 March 2009 - Professional Tennis Registry v OHIM - Registro Profesional de Tenis (PTR PROFESSIONAL TENNIS REGISTRY) (Case T-168/07) 1 (Community trade mark - Opposition proceedings - Application for registration of the figurative mark PTR PROFESSIONAL TENNIS REGISTRY as a Community trade mark - Earlier national and Community figurative mark RPT Registro Profesional de Tenis, S.L. and earlier national figurative mark RPT European Registry of Professional Tennis - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94) Language of the case: English Parties Applicant: Professional Tennis Registry, Inc. (Hilton Head Island, South Carolina, United States) (represented by: M. Vanhegan and B. Brandreth, Barristers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent) Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Registro Profesional de Tenis, SL (Madrid, Spain) (represented by: M. Zarobe, lawyer) Re: Action brought against the decision of the First Board of Appeal of OHIM of 28 February 2007, as corrected (Case R 1050/2005-1), concerning opposition proceedings between Registro Profesional de Tenis, SL and Professional Tennis Registry, Inc. Operative part of the judgment The Court: 1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 February 2007, as corrected (Case R 1050/2005-1); 2. Orders OHIM to bear its own costs and to pay the costs incurred by Professional Tennis Registry, Inc.; 3. Orders Registro Profesional de Tenis, SL, to bear its own costs. ____________ 1 - OJ C 170, 21.7.2007.