CELEX: 62009TJ0192
Language: en
Date: 2010-12-17 00:00:00
Title: Judgment of the General Court (Eighth Chamber) of 17 December 2010.#Amen Corner, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Community trade mark - Opposition proceedings - Application for Community figurative mark SEVE TROPHY - Earlier Community figurative marks Seve Ballesteros Trophy and SEVE TROPHY - Relative grounds for refusal - Lack of similarity of the goods and of the services - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - No unfair advantage taken of or detriment caused to the distinctive character or repute of the earlier marks - Article 8(5) of Regulation No 40/94 (now Article 8(5) of Regulation No 207/2009 .#Case T-192/09.

Judgment of the General Court (Eighth Chamber) of 17 December 2010 – Amen Corner v OHIM – Comercio Electrónico Ojal (SEVE
            TROPHY)
      (Case T-192/09)
      Community trade mark – Opposition proceedings – Application for Community figurative mark SEVE TROPHY – Earlier Community figurative marks Seve Ballesteros Trophy and SEVE TROPHY – Relative grounds for refusal – No similarity of the goods and services – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – No unfair advantage taken of or detriment caused to the distinctive character or repute of the earlier marks – Article 8(5) of Regulation No 40/94 (now Article 8(5) of Regulation No 207/2009)
      1.                     Community trade mark – Appeals procedure – Appeals before the Community judicature – Application initiating proceedings –
            Formal requirements – Brief summary of the pleas in law on which the application is based – Admissibility (Statute of the
            Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)(c); Council Regulation No 40/94, Art. 63) (see
            para. 29)
      2.                     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 52-59)
      3.                     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 enjoying a reputation – Protection of well-known earlier mark extended
            to dissimilar goods or services (Council Regulation No 40/94, Art. 8(5)) (see paras 66-79)
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 5 March 2009 (Case R 462/2008-2) relating to
                  opposition proceedings between Amen Corner, SA and Comercio Electrónico Ojal, SL.
               
            Information relating to the case 
      
               Applicant for the Community trade mark:
            
            
               Comercio Electrónico Ojal, SL
            
         
               Community trade mark sought: 
            
            
               Figurative mark including the verbal component SEVE TROPHY for goods and services in Classes 3, 9, 14, 18, 25, 28, 35 and
                  41 – Application No 4617213
               
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Amen Corner, SA
            
         
               Mark or sign cited in opposition:
            
            
               Community figurative trade marks SEVE TROPHY and Seve Ballesteros Trophy (Nos 1541226, 1980341, 2068682 and No 3846235) for
                  goods and services in Classes 3, 14, 25, 28, 35 and 41
               
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed under Article 8(5) of Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1994 L 11, p.
                  1) (replaced by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1);
                  opposition partially upheld under Article 8(1)(b) of the same regulation
               
            
         
               Decision of the Board of Appeal:
            
            
               Appeal upheld in part
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Amen Corner, SA to pay the costs.