CELEX: 62007TJ0305
Language: en
Date: 2009-09-16
Title: Judgment of the General Court (Seventh Chamber) of 16 September 2009.#Offshore Legends v European Union Intellectual Property Office.#Joined Cases T-305/07 and T-306/07.

Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 – Offshore Legends v OHIM – Acteon (OFFSHORE
            LEGENDS in black and white and OFFSHORE LEGENDS in blue, black and green)
      (Joined Cases T-305/07 and T-306/07)
      Community trade mark – Opposition proceedings – Application for two Community figurative marks OFFSHORE LEGENDS, one in black and white, the other in blue, black and green
         – Earlier national figurative mark OFFSHORE 1 – Relative grounds for refusal – Likelihood of confusion – Similarity of goods and signs – Absence of request for proof of genuine use of the earlier mark – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Article 43(2) and (3) of Regulation No 40/94 in conjunction with Article 15(2)(a) of Regulation No 40/94 (now Article 42(2)
         and (3) and point (a) of the second subparagraph of Article 15(1) of Regulation 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 60-61, 98-103)
      
      Re: 
      
         
               Two actions brought against two decisions of the Second Board of Appeal of OHIM of 29 May 2007 (Case R 1031/2006-2 and Case
                  R 1038/2006-2) relating to opposition proceedings between Acteon and Offshore Legends.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Offshore Legends
            
         
               Community trade mark sought:
            
            
               Figurative marks OFFSHORE LEGENDS in black and white and OFFSHORE LEGENDS in blue, black and green for goods in Classes 3,
                  9, 14, 18, 20, 24, 25, 28 and 35 – Application Nos 3160231 and 2997021
               
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Acteon
            
         
               Mark or sign cited in opposition:
            
            
               National and international figurative mark OFFSHORE 1 for products in Classes 16, 18 and 25
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed in respect of all the contested goods
            
         
               Decision of the Board of Appeal:
            
            
               Partial annulment of the decision of the Opposition Division, to the extent that it dismissed the opposition in respect of
                  products in Classes 18 and 25
               
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the actions;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Offshore Legends to pay the costs.