Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fifth Chamber) of 29 October 2009 – Peek & Cloppenburg v OHIM – Redfil (Agile)**

**(Case T-386/07)**

Community trade mark – Opposition proceedings – Application for the Community figurative mark Agile – Earlier Community and national word marks Aygill’s – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

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 16, 42-44)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 26 July 2007 (Case R 1324/2006-2), relating to opposition proceedings between Peek & Cloppenburg and Redfil, SL. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Redfil, SL |
| Community trade mark sought: | Figurative mark Agile for goods in Classes 18, 25 and 28 – Application No 2659456 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Peek & Cloppenburg |
| Mark or sign cited in opposition: | Community and national word mark Aygill’s for goods in Classes 3, 6, 8, 9, 11, 14, 16, 18, 20, 21 and 24 to 28 |
| Decision of the Opposition Division: | Opposition upheld in its entirety |
| Decision of the Board of Appeal: | Annulment of the Opposition Division’s decision and dismissal of the opposition in its entirety |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 July 2007 (Case R 1324/2006 2); |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders OHIM to pay the costs incurred by Peek & Cloppenburg; |

|  |  |  |
| --- | --- | --- |
| 3. |  | Orders Redfil, SL to bear its own costs. |

[Top](#document1)