Judgment of the General Court (Sixth Chamber) of 13 September 2010 – Procter & Gamble v OHIM – Prestige Cosmetics (P&G PRESTIGE BEAUTE)
(Case T-366/07)
Community trade mark – Opposition proceedings – Application for Community word mark P&G PRESTIGE BEAUTE – Earlier national figurative marks Prestige – Partial refusal to register – Relative ground for refusal – 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 51, 85)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 19 July 2007 (Case R 681/2006-2) relating to opposition proceedings between Prestige Cosmetics Srl and The Procter & Gamble Company.
Information relating to the case
Applicant for the Community trade mark:
The Procter & Gamble Company
Community trade mark sought:
Word mark P&G PRESTIGE BEAUTE for, inter alia, goods in Class 3
Proprietor of the mark or sign cited in the opposition proceedings:
Prestige Cosmetics Srl
Mark or sign cited in opposition:
National figurative marks Prestige for goods in Class 3
Decision of the Opposition Division:
Opposition partially upheld
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 19 July 2007 (Case R 681/2006-2);
2.
Orders OHIM to pay, in addition to its own costs, the costs incurred by The Procter & Gamble Company in the proceedings before the Court;
3.
Orders Prestige Cosmetics SpA to pay, in addition to its own costs, the costs incurred by The Procter & Gamble Company in the proceedings before the Board of Appeal;
4.
Dismisses the action as to the remainder.