Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fifth Chamber) of 24 September 2008 – Anvil Knitwear v OHIM – Aprile e Aprile (Aprile)**

**(Case T-179/07)**

Community trade mark – Opposition proceedings – Application for the Community figurative mark Aprile – Earlier national word mark ANVIL – Relative ground for refusal – No likelihood of confusion – Obligation to state reasons – Rights of the defence – Articles 8(1)(b), 73 and 74 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 55, 57-63)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 22 March 2007 (Case R-1076/2006-2), relating to opposition proceedings between Anvil Knitwear, Inc. and Aprile e Aprile Srl. |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Anvil Knitwear, Inc. to pay the costs. |

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