Source: EURLEX
Language: en
Format: md

**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. |

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