Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Second Chamber) of 17 October 2006 – Hammarplast v OHIM – Steninge Slott (STENINGE
SLOTT)**

**(Case T-499/04)**

Community trade mark – Opposition proceedings – Application for Community word mark STENINGE SLOTT – Earlier word mark STENINGE KERAMIK – Likelihood of confusion

1.                     *Community trade mark – Appeals procedure (Council Regulation No 40/94, Art. 74(1)) (see para. 20)*

2.                     *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 62-63)*

**Re:**

|  |
| --- |
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 25 October 2004 (Case R 394/2003-2) concerning the opposition filed by the holder of the national trade mark STENINGE KERAMIK against registration of the Community trade mark STENINGE SLOTT. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Steninge Slott AB |
| Community trade mark sought: | Word mark STENINGE SLOTT for goods in Class 21 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Hammarplast AB |
| Mark or sign cited in opposition: | National mark STENINGE KERAMIK for goods in the same class |
| Decision of the Opposition Division: | Refusal of registration |
| Decision of the Board of Appeal: | Appeal allowed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
|  |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
|  |  | Orders the applicant to pay the costs. |

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