CELEX: 62006TJ0112
Language: en
Date: 2008-01-16
Title: Judgment of the Court of First Instance (Third Chamber) of 16 January 2008. # Inter-Ikea Systems BV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-112/06.

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.