Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Third Chamber) of 16 January 2008 – Inter‑Ikea v OHIM – Waibel (idea)**

**(Case T-112/06)**

Community trade mark – Invalidity proceedings – Community figurative mark ‘idea’ – Earlier Community and national figurative and word marks ‘IKEA’ – Relative ground for invalidity – No likelihood of confusion – Article 8(1)(b) and Article 52(1)(a) 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 80-81, 85)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 10 February 2006 (Case R 80/2005-1) relating to invalidity proceedings between Inter Ikea Systems BV and Walter Waibel. |

**Information relating to the case**

|  |  |
| --- | --- |
| Registered Community trade mark subject to an action for cancellation: | Figurative mark ‘idea’ for goods and services in Classes 16, 20 and 42 – Application No 283952 |
| Proprietor of the Community trade mark: | Walter Waibel |
| Party bringing the action for cancellation: | Inter-Ikea Systems BV |
| Trade mark of the applicant for cancellation: | Various figurative and word marks, Community and national, for goods in Classes 16, 20 and 42 |
| Decision of the Cancellation Division: | Cancellation of the mark ‘idea’ |
| Decision of the Board of Appeal: | Dismissal of application |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Inter-Ikea Systems BV to pay the costs, including those incurred by Walter Waibel in the proceedings before the Board of Appeal. |

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