Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fifth Chamber) of 11 November 2009 – Frag Comercio Internacional v OHIM – Tinkerbell
Modas (GREEN by missako)**

**(Case T-162/08)**

Community trade mark – Opposition proceedings – Application for Community figurative mark GREEN by missako – Earlier national and Community figurative marks MI SA KO – 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 27, 52)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 14 February 2008 (Case R 1527/2006-2) relating to opposition proceedings between Tinkerbell Modas LTDA and Frag Comercio Internacional, SL. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Tinkerbell Modas LTDA |
| Community trade mark sought: | Figurative mark GREEN by missako for goods and services in Classes 3, 25, 35 – Application No 3663234 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Frag Comercio Internacional, SL |
| Mark or sign cited in opposition: | The Community figurative trade mark MI SA KO for goods in Classes 18 and 25; the national figurative trade mark MI SA KO for services in Class 35 |
| Decision of the Opposition Division: | Opposition dismissed |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Frag Comercio Internacional, SL, to pay the costs. |

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