Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (First Chamber) of 14 December 2005 − Arysta Lifescience v OHIM – BASF (CARPOVIRUSINE)**

**(Case T-169/04)**

Community trade mark – Opposition proceedings – Application for the Community word mark CARPOVIRUSINE – Former national word mark CARPO – 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 – Word marks CARPOVIRUSINE and CARPO (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 71-72)

**Re:**

|  |
| --- |
| ACTION brought against the decision of the First Board of Appeal of OHIM of 4 March 2004 (Case R 289/2003-1) relating to opposition proceedings between Calliope SAS and BASF AG. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Arysta Lifescience SAS |
| Community trade mark sought: | Word mark ‘CARPOVIRUSINE’ – Application No 1422641, for goods in Class 5 (insecticides, etc.) |
| Proprietor of the mark or sign cited in the opposition proceedings: | BASF AG |
| Mark or sign sited in opposition: | National and international word mark ‘CARPO’ for goods in Class 5 |
| Decision of the Opposition Division: | Refusal to register |
| Decision of the Board of Appeal: | Dismissal of the action |

**Operative part**

The Court:

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

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

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