Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fourth Chamber) of 6 May 2008 – Redcats v OHIM – Revert & Cía (REVERIE)**

**(Case T-246/06)**

Community trade mark – Opposition proceedings – Application for the Community word mark REVERIE – Earlier Community figurative mark Revert – Relative ground for refusal – 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 44, 47-48)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 10 July 2006 (Case R 171/2005-4), relating to opposition proceedings between Manuel Revert & Cía, SA, and Redcats SA. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Redcats SA |
| Community trade mark sought: | Word mark REVERIE for goods in Classes 16, 20 and 24 – Application No 2146447 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Manuel Revert & Cía, SA |
| Mark or sign cited in opposition: | Community figurative mark Revert for goods and services in Classes 24, 25 and 39 |
| Decision of the Opposition Division: | Opposition upheld in relation to the disputed goods in Class 24 |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Redcats SA to pay the costs. |

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