Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Seventh Chamber) of 19 November 2008 – Ercros v OHIM – Degussa (TAI CROS)**

**(Case T-315/06)**

Community trade mark – Opposition proceedings – Application for the Community figurative mark TAI CROS – Earlier national word marks CROS, SOCIEDAD ANÓNIMA CROS and ERCROS – Earlier national figurative marks CROS – Relative ground for refusal – No likelihood of confusion – No similarity of the signs – 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 29, 42-43, 47)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 20 September 2006 (Case R 29/2006-1) concerning opposition proceedings between Ercros, SA and Degussa GmbH. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Degussa GmbH |
| Community trade mark sought: | Figurative mark TAI CROS for goods in Class 1 – Application No 2768851 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Ercros, SA |
| Mark or sign cited in opposition: | National word marks CROS, SOCIEDAD ANÓNIMA CROS and ERCROS and national figurative marks CROS for goods in Class 1 |
| Decision of the Opposition Division: | Rejection of the opposition |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Ercros, SA to pay the costs. |

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