CELEX: 62008TJ0273
Language: en
Date: 2009-10-28
Title: Judgment of the Court of First Instance (Eighth Chamber) of 28 October 2009. # X-Technology R & D Swiss GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition procedure - Application for the word trade mark First-On-Skin - Earlier national word trade mark FIRST - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-273/08.

Judgment of the Court of First Instance (Eighth Chamber) of 28 October 2009 – X-Technology R & D Swiss v OHIM – Ipko-Amcor (First-On-Skin)
      (Case T-273/08)
      Community trade mark – Opposition procedure – Application for the word trade mark First-On-Skin – Earlier national word trade mark FIRST – Relative ground for refusal – Likelihood of confusion – 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 26, 42-43)
      
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 May 2008 (Case R 281/2007-4) concerning an
                  opposition procedure between X-Technology R & D Swiss GmbH and Ipko-Amcor BV.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               X-Technology R & D Swiss GmbH
            
         
               Community trade mark sought:
            
            
               Word mark First-On-Skin for goods in Classes 18, 23 and 25 – Application No 4019981
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Ipko-Amcor BV
            
         
               Mark or sign cited in opposition:
            
            
               Word mark FIRST for goods in Class 25 (Benelux Registration No 401666), the objection having been lodged against registration
                  for goods in Class 25
               
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Decision of the Opposition Division annulled
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the application; 
               
            
         
                  2.
               
               
                  
               
               
                  	Orders X-Technology R & D Swiss GmbH to pay the costs.