Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Eighth Chamber) of 28 October 2009 – X-Technology R & D Swiss v OHIM – Ipko-Amcor (First-On-Skin)**

**(Case T-273/08)**

Community trade mark – Opposition procedure – Application for the word trade mark First-On-Skin – Earlier national word trade mark FIRST – Relative ground for refusal – 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 26, 42-43)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 May 2008 (Case R 281/2007-4) concerning an opposition procedure between X-Technology R & D Swiss GmbH and Ipko-Amcor BV. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | X-Technology R & D Swiss GmbH |
| Community trade mark sought: | Word mark First-On-Skin for goods in Classes 18, 23 and 25 – Application No 4019981 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Ipko-Amcor BV |
| Mark or sign cited in opposition: | Word mark FIRST for goods in Class 25 (Benelux Registration No 401666), the objection having been lodged against registration for goods in Class 25 |
| Decision of the Opposition Division: | Opposition dismissed |
| Decision of the Board of Appeal: | Decision of the Opposition Division annulled |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders X-Technology R & D Swiss GmbH to pay the costs. |

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