CELEX: 62005TJ0414
Language: en
Date: 2009-05-07
Title: Judgment of the Court of First Instance (Third Chamber) of 7 May 2009. # NHL Enterprises BV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community figurative mark LA KINGS - Earlier national figurative mark KING - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-414/05.

Judgment of the Court of First Instance (Third Chamber) of 7 May 2009 – NHL Enterprises v OHIM – Glory & Pompea (LA KINGS)
      (Case T-414/05)
      Community trade mark – Opposition proceedings – Application for the Community figurative mark LA KINGS – Earlier national figurative mark KING – 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
         – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 24, 35, 51, 57-58, 75-77)
      
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 6 July 2005 (Case R 371/2003-4), concerning opposition
                  proceedings between Glory & Pompea, SA and NHL Enterprises BV.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               NHL Enterprises BV
            
         
               Community trade mark sought:
            
            
               Figurative mark LA KINGS for goods in Classes 16, 25 and 41 – Application No 1041102
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Manufacturas Antonio Gassol SA. The mark cited in the opposition was later assigned to Glory & Pompea, SA
            
         
               Mark or sign cited in opposition:
            
            
               National figurative mark KING for goods in Class 25
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld for all the goods applied for in Class 25
            
         
               Decision of the Board of Appeal:
            
            
               
                  
                            
                        
                        
                           
                        
                        
                           	Appeal dismissed
                        
                     
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
                     Designs) (OHIM) of 6 July 2005 (Case R 371/2003-4);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to pay its own costs and those incurred by NHL Enterprises BV.