Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Third Chamber) of 7 May 2009 – NHL Enterprises v OHIM – Glory & Pompea (LA KINGS)**

**(Case T-414/05)**

Community trade mark – Opposition proceedings – Application for the Community figurative mark LA KINGS – Earlier national figurative mark KING – Relative ground for refusal – No 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 24, 35, 51, 57-58, 75-77)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 6 July 2005 (Case R 371/2003-4), concerning opposition proceedings between Glory & Pompea, SA and NHL Enterprises BV. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | NHL Enterprises BV |
| Community trade mark sought: | Figurative mark LA KINGS for goods in Classes 16, 25 and 41 – Application No 1041102 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Manufacturas Antonio Gassol SA. The mark cited in the opposition was later assigned to Glory & Pompea, SA |
| Mark or sign cited in opposition: | National figurative mark KING for goods in Class 25 |
| Decision of the Opposition Division: | Opposition upheld for all the goods applied for in Class 25 |
| Decision of the Board of Appeal: | |  |  |  | | --- | --- | --- | |  |  | Appeal dismissed | |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 July 2005 (Case R 371/2003-4); |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders OHIM to pay its own costs and those incurred by NHL Enterprises BV. |

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