Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fourth Chamber) of 18 April 2007 – House of Donuts v OHIM – Panrico (House of donuts)**

**(Joined Cases T-333/04 and T-334/04)**

Community trade mark – Opposition proceedings – Applications for Community figurative marks ‘House of donuts’ – Earlier national word marks ‘DONUT’ and earlier figurative marks ‘donuts’ – Relative ground for refusal – Likelihood of confusion

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
(Council Regulation No 40/94, Art. 8(1)(b)) (see paras 57-59)

**Re:**

|  |
| --- |
| TWO ACTIONS brought against the decisions of the Fourth Board of Appeal of OHIM of 12 May 2004 (Cases R 1034/2001‑4 and R 1036/2001‑4) concerning opposition proceedings between Panrico, SA and House of Donuts International. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | House of Donuts International |
| Community trade mark sought: | Figurative mark ‘House of donuts’ for goods and services in classes 30, 32 and 42 – Application No 474486 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Panrico, SA |
| Mark or sign cited in opposition: | Spanish word and figurative marks ‘DONUT’ and ‘donuts’ for goods and services in classes 30, 32 and 42 |
| Decision by the Opposition Division: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
|  |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
|  |  | Orders the applicant to pay the costs of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and of the intervener. |

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