Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Eighth Chamber) of 4 March 2009 – Professional Tennis Registry v OHIM – Registro
Profesional de Tenis (PTR PROFESSIONAL TENNIS REGISTRY)**

**(Case T-168/07)**

Community trade mark – Opposition proceedings – Application for registration of the figurative mark PTR PROFESSIONAL TENNIS REGISTRY as a Community trade mark – Earlier national and Community figurative mark RPT Registro Profesional de Tenis, S.L. and earlier national figurative mark
RPT European Registry of Professional Tennis – 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
– Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 26, 43)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 28 February 2007, as corrected (Case R 1050/2005‑1), concerning opposition proceedings between Registro Profesional de Tenis, SL and Professional Tennis Registry, Inc. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Professional Tennis Registry, Inc. |
| Community trade mark sought: | Figurative mark PTR PROFESSIONAL TENNIS REGISTRY for goods and services in Classes 16, 25 and 41 – Application No 2826709 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Registro Profesional de Tenis, SL |
| Mark or sign cited in opposition: | National figurative marks RPT Registro Profesional de Tenis, S.L. and RPT European Registry of Professional Tennis for services in Class 41 |
| Decision of the Opposition Division: | Opposition dismissed |
| Decision of the Board of Appeal: | Partial annulment of the decision of the Opposition Division; application for Community mark rejected for goods and services in Classes 16 and 41 |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 February 2007, as corrected (Case R 1050/2005‑1); |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders OHIM to bear its own costs and to pay the costs incurred by Professional Tennis Registry, Inc.; |

|  |  |  |
| --- | --- | --- |
| 3. |  | Orders Registro Profesional de Tenis, SL, to bear its own costs. |

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