Source: EURLEX
Language: en
Format: md

**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. |

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