Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fifth Chamber) of 17 April 2008 – Dainichiseika Colour & Chemicals Mfg. v OHIM –
Pelikan (Representation of a pelican)**

**(Case T-389/03)**

Community trade mark – Opposition proceedings – Application for a figurative Community trade mark depicting a pelican – Earlier Community or national figurative trade mark Pelikan – Relative grounds for refusal – Likelihood of confusion – 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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 96, 98, 102-103, 106)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Chamber of the Board of Appeal of OHIM of 18 September 2003 (Case R 191/2002-2) relating to opposition proceedings between Pelikan Vertriebsgesellschaft mbH & Co. KG and Dainichiseika Colour & Chemicals Mfg. Co. Ltd. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Dainichiseika Colour & Chemicals Mfg. Co. Ltd |
| Community trade mark sought: | Figurative mark for goods in Classes 1, 2 and 17 – Application No 1005826 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Pelikan Vertriebsgesellschaft mbH & Co. KG |
| Mark or sign cited in opposition: | Community or national figurative mark Pelikan |
| Decision of the Opposition Division: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Dainichiseika Colour & Chemicals Mfg. Co. Ltd to pay the costs. |

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