CELEX: 62004TJ0384
Language: en
Date: 2005-12-15
Title: Judgment of the Court of First Instance (Third Chamber) of 15 December 2005. # RB Square Holdings Spain, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Figurative mark containing the word element ‘clean x’ - Opposition by the proprietor of the earlier national word and figurative marks CLEN - Rejection of the opposition - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-384/04.

Judgment of the Court of First Instance (Third Chamber) of 15 December 2005 − RB Square Holdings Spain v OHIM – Unelko (clean
            x)
      (Case T-384/04)
      Community trade mark – Figurative mark containing the word element ‘clean x’ – Opposition by the proprietor of the earlier national word and figurative marks CLEN – Rejection of the opposition – 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 – Figurative mark including the word element ‘clean x’ and word and figurative marks CLEN (Council Regulation No 40/94, Art.
         8(1)(b)) (see para. 48)
      
      Re:
      
         ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 June 2004 (Case R 652/2002-4) relating to
                  opposition proceedings between RB Square Holdings Spain, SL and Unelko NV.
               
            Information relating to the case 
      
               Applicant for the Community trade mark:
            
            
               Unelko NV
            
         
               Community trade mark sought
            
            
               Figurative mark ‘clean x’ – Application No 222471, for goods in Class 3 (bleaching preparations, etc.)
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               RB Square Holdings Spain, SL
            
         
               Mark or sign sited in opposition:
            
            
               National word and figurative mark ‘CLEN’
            
         
               Decision of the Opposition Division:
            
            
               Rejection of the opposition 
            
         
               Decision of the Board of Appeal:
            
            
               Dismissal of the action
            
         
      Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  Dismisses the action; 
               
            
         
                   
               
               
                  
               
               
                  Orders the applicant to pay the costs.