CELEX: 62008TJ0067
Language: en
Date: 2009-06-11 00:00:00
Title: Judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009. # Hedgefund Intelligence Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community figurative mark InvestHedge - Earlier Community figurative mark Hedge Invest - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-67/08.

Judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009 – Hedgefund Intelligence v OHIM – Hedge Invest (InvestHedge)
      (Case T-67/08)
      Community trade mark – Opposition proceedings – Application for the Community figurative mark InvestHedge – Earlier Community figurative mark Hedge Invest – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) 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, 53-56)
      
      Re:
      
         
               ACTION against the decision of the Second Board of Appeal of OHIM of 28 November 2007 (Case R 148/2007-2) relating to opposition
                  proceedings between Hedge Invest SpA and Hedgefund Intelligence Ltd.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Hedgefund Intelligence Ltd
            
         
               Community trade mark sought:
            
            
               The figurative mark InvestHedge for goods and services in Classes 9, 16, 36 and 41 – Application No 3081081
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Hedge Invest SpA
            
         
               Mark or sign cited in opposition:
            
            
               The Community figurative mark HEDGE INVEST for services in Class 36
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld for all the contested services in Classes 36 and 41
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      1.      Dismisses the action;
      2.      Orders Hedgefund Intelligence Ltd to pay the costs.