Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Second Chamber) of 13 April 2005 − Gillette v OHIM – Wilkinson Sword (RIGHT GUARD
XTREME sport)**

**(Case T‑286/03)**

Community trade mark – Opposition proceedings – Application for Community figurative mark RIGHT GUARD XTREME sport – Earlier national figurative mark WILKINSON SWORD XTREME III – Likelihood of confusion – Refusal of registration – Article 8(1)(b) of Regulation (EC) No 40/94

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 – Figurative marks ‘RIGHT GUARD XTREME sport’ and ‘WILKINSON SWORD XTREME III’ (Council Regulation No 40/94, Art. 8(1)(b))
(see paras 81-82)

**Re:**

|  |  |
| --- | --- |
|  | ACTION against the decision of the Fourth Board of Appeal of OHIM of 17 April 2003 (Case R 221/2002-4), refusing registration of the figurative mark RIGHT GUARD XTREME sport. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | The Gillette Company |
| Community trade mark sought: | The figurative mark ‘RIGHT GUARD XTREME sport’ for goods in Class 3 – Application No 1486745 |
| Proprietor of mark or sign cited in the opposition proceedings: | Wilkinson Sword GmbH |
| Mark or sign cited in opposition: | German figurative marks ‘WILKINSON SWORD XTREME III’ for goods in Class 3 |
| Decision of the Opposition Division: | Rejection of the opposition |
| Decision of the Board of Appeal: | Annulment of the decision of the Opposition Division and refusal of the applicant’s application |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders the applicant to pay the costs. |

[Top](#document1)