CELEX: 62008TJ0162
Language: en
Date: 2009-11-11 00:00:00
Title: Judgment of the Court of First Instance (Fifth Chamber) of 11 November 2009. # Frag Comercio Internacional, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark GREEN by missako - Earlier national and Community figurative marks MI SA KO - No 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-162/08.

Judgment of the Court of First Instance (Fifth Chamber) of 11 November 2009 – Frag Comercio Internacional v OHIM – Tinkerbell
            Modas (GREEN by missako)
      (Case T-162/08)
      Community trade mark – Opposition proceedings – Application for Community figurative mark GREEN by missako – Earlier national and Community figurative marks MI SA KO – No 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 27, 52)
      
      Re: 
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 14 February 2008 (Case R 1527/2006-2) relating
                  to opposition proceedings between Tinkerbell Modas LTDA and Frag Comercio Internacional, SL.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Tinkerbell Modas LTDA
            
         
               Community trade mark sought:
            
            
               Figurative mark GREEN by missako for goods and services in Classes 3, 25, 35 – Application No 3663234
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Frag Comercio Internacional, SL
            
         
               Mark or sign cited in opposition:
            
            
               The Community figurative trade mark MI SA KO for goods in Classes 18 and 25; the national figurative trade mark MI SA KO for
                  services in Class 35
               
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Frag Comercio Internacional, SL, to pay the costs.