Source: EURLEX
Language: en
Format: md

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| 18.4.2009 | EN | Official Journal of the European Union | C 90/25 |

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Judgment of the Court of First Instance of 4 March 2009 — Professional Tennis Registry v OHIM — Registro Profesional de Tenis (PTR PROFESSIONAL TENNIS REGISTRY)

(Case T-168/07)[(1)](#ntr1-C_2009090EN.01002502-E0001)

(Community trade mark - Opposition proceedings - Application for registration of the figurative mark PTR PROFESSIONAL TENNIS REGISTRY as a Community trade mark - Earlier national and Community figurative mark RPT Registro Profesional de Tenis, S.L. and earlier national figurative mark RPT European Registry of Professional Tennis - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

2009/C 90/40

Language of the case: English

Parties

Applicant: Professional Tennis Registry, Inc. (Hilton Head Island, South Carolina, United States) (represented by: M. Vanhegan and B. Brandreth, Barristers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Registro Profesional de Tenis, SL (Madrid, Spain) (represented by: M. Zarobe, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 28 February 2007, as corrected (Case R 1050/2005-1), concerning opposition proceedings between Registro Profesional de Tenis, SL and Professional Tennis Registry, Inc.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 February 2007, as corrected (Case R 1050/2005-1); |

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| 2. | Orders OHIM to bear its own costs and to pay the costs incurred by Professional Tennis Registry, Inc.; |

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| 3. | Orders Registro Profesional de Tenis, SL, to bear its own costs. |

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