CELEX: 62005TJ0009
Language: en
Date: 2008-01-15 00:00:00
Title: Judgment of the Court of First Instance (Third Chamber) of 15 January 2008. # Hoya Kabushiki Kaisha v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community word mark AMPLITUDE - Earlier national figurative mark AMPLY - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-9/05.

Judgment of the Court of First Instance (Third Chamber) of 15 January 2008 – Hoya v OHIM – Indo (AMPLITUDE)
      (Case T-9/05)
      Community trade mark – Opposition proceedings – Application for the Community word mark AMPLITUDE – Earlier national figurative mark AMPLY – Relative ground for refusal – 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 59, 62-64)
      
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 3 November 2004 (Case R 433/2004-1), relating
                  to opposition proceedings between Indo Internacional SA and Hoya Kabushiki Kaisha.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Hoya Kabushiki Kaisha
            
         
               Community trade mark sought:
            
            
               Word mark AMPLITUDE for goods in Class 9 – Application No 001723931
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Indo Internacional, SA
            
         
               Mark or sign cited in opposition:
            
            
               National figurative mark AMPLY
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Annulment of the contested decision; registration refused
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Hoya Kabushiki Kaisha to pay the costs.