Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fourth Chamber) of 13 June 2007 – Grether v OHIM – Crisgo (FENNEL)**

**(Case T-167/05)**

Community trade mark – Opposition proceedings – Application for the figurative Community trade mark FENNEL – Earlier Community word mark FENJAL – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b), Article 73, second sentence, and Article 74(1) 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
(Council Regulation No 40/94, Art. 8(1)(b)) (see paras 72, 74)

**Re:**

|  |
| --- |
| ACTION brought against the decision of the Fourth Chamber of the Board of Appeal of OHIM of 14 October 2004 (Case R 250/2002-4) concerning opposition proceedings between Grether AG and Crisgo (Thailand) Co. Ltd. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Crisgo (Thailand) Co., Ltd |
| Community trade mark sought: | Figurative mark FENNEL for goods in Class 3 – Application No 903922 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Grether AG |
| Mark or sign cited in opposition: | Community word mark FENJAL for goods in Class 3 |
| Decision of the Opposition Division: | Opposition dismissed |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

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

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