CELEX: 62007TJ0386
Language: en
Date: 2009-10-29 00:00:00
Title: Judgment of the Court of First Instance (Fifth Chamber) of 29 October 2009. # Peek & Cloppenburg v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community figurative mark Agile - Earlier Community and national word marks Aygill’s - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-386/07.

Judgment of the Court of First Instance (Fifth Chamber) of 29 October 2009 – Peek & Cloppenburg v OHIM – Redfil (Agile)
      (Case T-386/07)
      Community trade mark – Opposition proceedings – Application for the Community figurative mark Agile – Earlier Community and national word marks Aygill’s – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – 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 16, 42-44)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 26 July 2007 (Case R 1324/2006-2), relating to
                  opposition proceedings between Peek & Cloppenburg and Redfil, SL.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Redfil, SL
            
         
               Community trade mark sought:
            
            
               Figurative mark Agile for goods in Classes 18, 25 and 28 – Application No 2659456
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Peek & Cloppenburg
            
         
               Mark or sign cited in opposition:
            
            
               Community and national word mark Aygill’s for goods in Classes 3, 6, 8, 9, 11, 14, 16, 18, 20, 21 and 24 to 28
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld in its entirety
            
         
               Decision of the Board of Appeal:
            
            
               Annulment of the Opposition Division’s decision and dismissal of the opposition in its entirety
            
         
      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 26 July 2007 (Case R 1324/2006 2);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to pay the costs incurred by Peek & Cloppenburg;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders Redfil, SL to bear its own costs.