CELEX: 62007TJ0103
Language: en
Date: 2009-09-23
Title: Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009. # Fratex Indústria e Comércio, Ltda v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for figurative Community mark TRACK & FIELD USA - Earlier national figurative mark TRACK & FIELD - Relative ground for refusal - No likelihood of confusion - Lack of similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-103/07.

Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 – Fratex Indústria e Comércio v OHIM – USA
            Track & Field (TRACK & FIELD USA)
      (Case T-103/07)
      Community trade mark – Opposition proceedings – Application for figurative Community mark TRACK & FIELD USA – Earlier national figurative mark TRACK & FIELD – Relative ground for refusal – No likelihood of confusion – Lack of similarity between the signs – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
      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 33, 68-74)
      
      Re:
      
         
               ACTION brought against the decision of 18 January 2007 of the Fourth Board of Appeal of OHIM (Case No R 1061/2005-4)) concerning
                  opposition proceedings between Fratex Indústria e Comércio, Ltda and USA Track & Field, Inc.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               USA Track & Field, Inc
            
         
               Community trade mark sought:
            
            
               Figurative mark USA TRACK & FIELD – Application No 1680883
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Fratex Indústria e Comércio, Ltda
            
         
               Mark or sign cited in opposition:
            
            
               Figurative national mark TRACK & FIELD
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld
            
         
               Decision of the Board of Appeal:
            
            
               Appeal by USA Track & Field, Inc allowed
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the application;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Fratex Indústria e Comércio, Ltda to pay the costs.