CELEX: 62003TJ0389
Language: en
Date: 2008-04-17
Title: Judgment of the Court of First Instance (Fifth Chamber) of 17 April 2008. # Dainichiseika Colour & Chemicals Mfg. Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for a figurative Community trade mark depicting a pelican - Earlier Community or national figurative trade mark Pelikan - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-389/03.

Judgment of the Court of First Instance (Fifth Chamber) of 17 April 2008 – Dainichiseika Colour & Chemicals Mfg. v OHIM –
            Pelikan (Representation of a pelican)
      (Case T-389/03)
      Community trade mark – Opposition proceedings – Application for a figurative Community trade mark depicting a pelican – Earlier Community or national figurative trade mark Pelikan – Relative grounds 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 96, 98, 102-103, 106)
      
      Re: 
      
         
               ACTION brought against the decision of the Second Chamber of the Board of Appeal of OHIM of 18 September 2003 (Case R 191/2002-2)
                  relating to opposition proceedings between Pelikan Vertriebsgesellschaft mbH & Co. KG and Dainichiseika Colour & Chemicals
                  Mfg. Co. Ltd.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Dainichiseika Colour & Chemicals Mfg. Co. Ltd
            
         
               Community trade mark sought:
            
            
               Figurative mark for goods in Classes 1, 2 and 17 – Application No 1005826
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Pelikan Vertriebsgesellschaft mbH & Co. KG
            
         
               Mark or sign cited in opposition:
            
            
               Community or national figurative mark Pelikan
            
         
               Decision of the Opposition Division:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Dainichiseika Colour & Chemicals Mfg. Co. Ltd to pay the costs.