CELEX: 62004TJ0499
Language: en
Date: 2006-10-17
Title: Judgment of the Court of First Instance (Second Chamber) of 17 October 2006. # Hammarplast AB v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark STENINGE SLOTT - Earlier word mark STENINGE KERAMIK - Likelihood of confusion. # Case T-499/04.

Judgment of the Court of First Instance (Second Chamber) of 17 October 2006 – Hammarplast v OHIM – Steninge Slott (STENINGE
            SLOTT)
      (Case T-499/04)
      Community trade mark – Opposition proceedings – Application for Community word mark STENINGE SLOTT – Earlier word mark STENINGE KERAMIK – Likelihood of confusion
      1.                     Community trade mark – Appeals procedure (Council Regulation No 40/94, Art. 74(1)) (see para. 20)
      2.                     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 (Council Regulation
            No 40/94, Art. 8(1)(b)) (see paras 62-63)
      Re: 
      
         ACTION brought against the decision of the Second Board of Appeal of OHIM of 25 October 2004 (Case R 394/2003-2) concerning
                  the opposition filed by the holder of the national trade mark STENINGE KERAMIK against registration of the Community trade
                  mark STENINGE SLOTT.
               
            Information relating to the case      
      
      
               Applicant for the Community trade mark:
            
            
               Steninge Slott AB
            
         
               Community trade mark sought:
            
            
               Word mark STENINGE SLOTT for goods in Class 21
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Hammarplast AB
            
         
               Mark or sign cited in opposition:
            
            
               National mark STENINGE KERAMIK for goods in the same class
            
         
               Decision of the Opposition Division:
            
            
               Refusal of registration
            
         
               Decision of the Board of Appeal:
            
            
               Appeal allowed
            
         
      Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                   
               
               
                  
               
               
                  Orders the applicant to pay the costs.