CELEX: 62005TJ0167
Language: en
Date: 2007-06-13 00:00:00
Title: Judgment of the General Court (Fourth Chamber) of 13 June 2007.#Grether AG v European Union Intellectual Property Office.#Case T-167/05.

Judgment of the Court of First Instance (Fourth Chamber) of 13 June 2007 – Grether v OHIM – Crisgo (FENNEL)
      (Case T-167/05)
      Community trade mark – Opposition proceedings – Application for the figurative Community trade mark FENNEL – Earlier Community word mark FENJAL – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b), Article 73, second sentence, and Article 74(1) 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
         (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 72, 74)
      
      Re: 
      
         ACTION brought against the decision of the Fourth Chamber of the Board of Appeal of OHIM of 14 October 2004 (Case R 250/2002-4)
                  concerning opposition proceedings between Grether AG and Crisgo (Thailand) Co. Ltd.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Crisgo (Thailand) Co., Ltd
            
         
               Community trade mark sought:
            
            
               Figurative mark FENNEL for goods in Class 3 – Application No 903922
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Grether AG
            
         
               Mark or sign cited in opposition:
            
            
               Community word mark FENJAL for goods in Class 3
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court: 
      
         
                   
               
               
                  
               
               
                  Dismisses the action;.
               
            
         
                   
               
               
                  
               
               
                  Orders the applicant to pay the costs.