Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 – Fratex Indústria e Comércio v OHIM – USA
Track & Field (TRACK & FIELD USA)**

**(Case T-103/07)**

Community trade mark – Opposition proceedings – Application for figurative Community mark TRACK & FIELD USA – Earlier national figurative mark TRACK & FIELD – Relative ground for refusal – No likelihood of confusion – Lack of similarity between the signs – 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 33, 68-74)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of 18 January 2007 of the Fourth Board of Appeal of OHIM (Case No R 1061/2005-4)) concerning opposition proceedings between Fratex Indústria e Comércio, Ltda and USA Track & Field, Inc. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | USA Track & Field, Inc |
| Community trade mark sought: | Figurative mark USA TRACK & FIELD – Application No 1680883 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Fratex Indústria e Comércio, Ltda |
| Mark or sign cited in opposition: | Figurative national mark TRACK & FIELD |
| Decision of the Opposition Division: | Opposition upheld |
| Decision of the Board of Appeal: | Appeal by USA Track & Field, Inc allowed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the application; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Fratex Indústria e Comércio, Ltda to pay the costs. |

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