CELEX: 62006TJ0246
Language: en
Date: 2008-05-06
Title: Judgment of the Court of First Instance (Fourth Chamber) of 6 May 2008. # Redcats SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-246/06.

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.