CELEX: 62004TJ0333
Language: en
Date: 2007-04-18
Title: Judgment of the Court of First Instance (Fourth Chamber) of 18 April 2007. # House of Donuts International v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Applications for Community figurative marks ‘House of donuts’ - Earlier national word marks ‘DONUT’ and earlier figurative marks ‘donuts’ - Relative ground for refusal - Likelihood of confusion. # Joined cases T-333/04 and T-334/04.

Judgment of the Court of First Instance (Fourth Chamber) of 18 April 2007 – House of Donuts v OHIM – Panrico (House of donuts)
      (Joined Cases T-333/04 and T-334/04)
      Community trade mark – Opposition proceedings – Applications for Community figurative marks ‘House of donuts’ – Earlier national word marks ‘DONUT’ and earlier figurative marks ‘donuts’ – Relative ground for refusal – Likelihood of confusion
      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 57-59)
      
      Re:
      
         TWO ACTIONS brought against the decisions of the Fourth Board of Appeal of OHIM of 12 May 2004 (Cases R 1034/2001‑4 and R
                  1036/2001‑4) concerning opposition proceedings between Panrico, SA and House of Donuts International.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               House of Donuts International
            
         
               Community trade mark sought:
            
            
               Figurative mark ‘House of donuts’ for goods and services in classes 30, 32 and 42 – Application No 474486
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Panrico, SA
            
         
               Mark or sign cited in opposition:
            
            
               Spanish word and figurative marks ‘DONUT’ and ‘donuts’ for goods and services in classes 30, 32 and 42
            
         
               Decision by the Opposition Division:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                   
               
               
                  
               
               
                  Orders the applicant to pay the costs of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and
                     of the intervener.