CELEX: 62007TJ0168
Language: en
Date: 2009-03-04
Title: Judgment of the Court of First Instance (Eighth Chamber) of 4 March 2009. # Professional Tennis Registry, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for registration of the figurative mark PTR PROFESSIONAL TENNIS REGISTRY as a Community trade mark - Earlier national and Community figurative mark RPT Registro Profesional de Tenis, S.L. and earlier national figurative mark RPT European Registry of Professional Tennis - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-168/07.

Judgment of the Court of First Instance (Eighth Chamber) of 4 March 2009 – Professional Tennis Registry v OHIM – Registro
            Profesional de Tenis (PTR PROFESSIONAL TENNIS REGISTRY)
      (Case T-168/07)
      Community trade mark – Opposition proceedings – Application for registration of the figurative mark PTR PROFESSIONAL TENNIS REGISTRY as a Community trade mark – Earlier national and Community figurative mark RPT Registro Profesional de Tenis, S.L. and earlier national figurative mark
         RPT European Registry of Professional Tennis – Relative ground for refusal – No 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 26, 43)
      
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 28 February 2007, as corrected (Case R 1050/2005‑1),
                  concerning opposition proceedings between Registro Profesional de Tenis, SL and Professional Tennis Registry, Inc.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Professional Tennis Registry, Inc.
            
         
               Community trade mark sought:
            
            
               Figurative mark PTR PROFESSIONAL TENNIS REGISTRY for goods and services in Classes 16, 25 and 41 – Application No 2826709
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Registro Profesional de Tenis, SL
            
         
               Mark or sign cited in opposition:
            
            
               National figurative marks RPT Registro Profesional de Tenis, S.L. and RPT European Registry of Professional Tennis for services
                  in Class 41
               
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Partial annulment of the decision of the Opposition Division; application for Community mark rejected for goods and services
                  in Classes 16 and 41
               
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
                     (OHIM) of 28 February 2007, as corrected (Case R 1050/2005‑1);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to bear its own costs and to pay the costs incurred by Professional Tennis Registry, Inc.;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders Registro Profesional de Tenis, SL, to bear its own costs.