Judgment — ECLI:EU:T:2009:432
Date: 2009-11-11
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
Origin: Spain

Judgment of the Court of First Instance (Fifth Chamber) of 11 November 2009 – Frag Comercio Internacional v OHIM – Tinkerbell Modas (GREEN by missako) (Case T-162/08) Community trade mark – Opposition proceedings – Application for Community figurative mark GREEN by missako – Earlier national and Community figurative marks MI SA KO – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) 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 27, 52) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 14 February 2008 (Case R 1527/2006-2) relating to opposition proceedings between Tinkerbell Modas LTDA and Frag Comercio Internacional, SL. Information relating to the case Applicant for the Community trade mark: Tinkerbell Modas LTDA Community trade mark sought: Figurative mark GREEN by missako for goods and services in Classes 3, 25, 35 – Application No 3663234 Proprietor of the mark or sign cited in the opposition proceedings: Frag Comercio Internacional, SL Mark or sign cited in opposition: The Community figurative trade mark MI SA KO for goods in Classes 18 and 25; the national figurative trade mark MI SA KO for services in Class 35 Decision of the Opposition Division: Opposition dismissed Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. 1. Dismisses the action; 2. 2. Orders Frag Comercio Internacional, SL, to pay the costs.