CELEX: 62005TJ0342
Language: en
Date: 2007-05-23 00:00:00
Title: Judgment of the Court of First Instance (Fourth Chamber) of 23 May 2007. # Henkel KGaA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark COR - Earlier national figurative mark including the word element 'dor' in gothic script - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-342/05.

Judgment of the Court of First Instance (Fourth Chamber) of 23 May 2007 – Henkel v OHIM – SERCA (COR)
      (Case T-342/05)
      Community trade mark – Opposition proceedings – Application for Community word mark COR – Earlier national figurative mark including the word element ‘dor’ in gothic script – Relative ground for refusal – No 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
         (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 52-54)
      
      Re: 
      
         ACTION for annulment brought against the decision of the First Board of Appeal of OHIM of 14 July 2005 (Case R 556/2003-1)
                  relating to opposition proceedings between Henkel KGaA and Serra Y Roca, SA (SERCA).
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Serra Y Roca, SA (SERCA)
            
         
               Community trade mark sought:
            
            
               Word mark COR for goods in Class 3 – Application No 1284470
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Henkel KGaA
            
         
               Mark or sign cited in opposition:
            
            
               National figurative mark ‘dor’ for goods in Classes 3, 5 and 21
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed in respect of goods in Class 3
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                   
               
               
                  
               
               
                  Orders the applicant to pay the costs.