CELEX: 62003TJ0286
Language: en
Date: 2005-04-13
Title: Judgment of the Court of First Instance (Second Chamber) of 13 April 2005. # The Gillette Company v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community mark. # Case T-286/03.

Judgment of the Court of First Instance (Second Chamber) of 13 April 2005 − Gillette v OHIM – Wilkinson Sword (RIGHT GUARD
            XTREME sport) 
      (Case T‑286/03)
      Community trade mark – Opposition proceedings – Application for Community figurative mark RIGHT GUARD XTREME sport – Earlier national figurative mark WILKINSON SWORD XTREME III – Likelihood of confusion – Refusal of registration – 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 – Figurative marks ‘RIGHT GUARD XTREME sport’ and ‘WILKINSON SWORD XTREME III’ (Council Regulation No 40/94, Art. 8(1)(b))
         (see paras 81-82)
      
      Re:
      
         
               ACTION against the decision of the Fourth Board of Appeal of OHIM of 17 April 2003 (Case R 221/2002-4), refusing registration
                  of the figurative mark RIGHT GUARD XTREME sport.
               
            Information relating to the case 
      
               Applicant for the Community trade mark:
            
            
               The Gillette Company
            
         
               Community trade mark sought:
            
            
               The figurative mark ‘RIGHT GUARD XTREME sport’ for goods in Class 3 – Application No 1486745
            
         
               Proprietor of mark or sign cited in the opposition proceedings:
            
            
               Wilkinson Sword GmbH
            
         
               Mark or sign cited in opposition:
            
            
               German figurative marks ‘WILKINSON SWORD XTREME III’ for goods in Class 3
            
         
               Decision of the Opposition Division:
            
            
               Rejection of the opposition
            
         
               Decision of the Board of Appeal:
            
            
               Annulment of the decision of the Opposition Division and refusal of the applicant’s application 
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  Orders the applicant to pay the costs.