CELEX: 62006TJ0099
Language: en
Date: 2009-09-23
Title: Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009. # Phildar SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community word mark FILDOR - Earlier national semi-figurative mark PHILDAR - Earlier national word mark FILDOR - Earlier international word and semi-figurative marks PHILDAR - Relative ground for refusal - Likelihood of confusion - Articles 8(1)(b), 62 and 73 of Regulation (EC) No 40/94 (now Articles 8(1)(b), 64 and 75 of Regulation (EC) No 207/2009). # Case T-99/06.

Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 – Phildar v OHIM – Comercial Jacinto Parera
            (FILDOR)
      (Case T-99/06)
      Community trade mark – Opposition proceedings – Application for the Community word mark FILDOR – Earlier national semi-figurative mark PHILDAR – Earlier national word mark FILDOR – Earlier international word and semi-figurative marks PHILDAR – Relative ground for refusal – Likelihood of confusion – Articles 8(1)(b), 62 and 73 of Regulation (EC) No 40/94 (now Articles 8(1)(b), 64 and 75 of Regulation (EC) 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 33, 68-85)
      
      Re:
      
         
               ACTION against the decision of the Second Board of Appeal of OHIM of 16 January 2006 (Case R 245/2004‑2) relating to opposition
                  proceedings between Phildar SA and Comercial Jacinto Parera, SA.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Comercial Jacinto Parera, SA
            
         
               Community trade mark sought:
            
            
               Word mark FILDOR for goods in Classes 22 to 26 – Application No 831834
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Phildar SA
            
         
               Mark or sign cited in opposition:
            
            
               National and international word and figurative marks FILDOR and PHILDAR for goods in Classes 22 to 26
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld
            
         
               Decision of the Board of Appeal:
            
            
               Annulment of the Opposition Division’s decision
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
                     Designs) (OHIM) of 16 January 2006 (Case R 245/2004‑2);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to pay the costs.