Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fourth Chamber) of 23 May 2007 – Henkel v OHIM – SERCA (COR)**

**(Case T-342/05)**

Community trade mark – Opposition proceedings – Application for Community word mark COR – Earlier national figurative mark including the word element ‘dor’ in gothic script – Relative ground for refusal – No 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
(Council Regulation No 40/94, Art. 8(1)(b)) (see paras 52-54)

**Re:**

|  |
| --- |
| ACTION for annulment brought against the decision of the First Board of Appeal of OHIM of 14 July 2005 (Case R 556/2003-1) relating to opposition proceedings between Henkel KGaA and Serra Y Roca, SA (SERCA). |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Serra Y Roca, SA (SERCA) |
| Community trade mark sought: | Word mark COR for goods in Class 3 – Application No 1284470 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Henkel KGaA |
| Mark or sign cited in opposition: | National figurative mark ‘dor’ for goods in Classes 3, 5 and 21 |
| Decision of the Opposition Division: | Opposition dismissed in respect of goods in Class 3 |
| 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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