CELEX: 62004TJ0169
Language: en
Date: 2005-12-14 00:00:00
Title: Judgment of the Court of First Instance (First Chamber) of 14 December 2005. # Arysta Lifescience SAS v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community word mark CARPOVIRUSINE - Former national word mark CARPO - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-169/04.

Judgment of the Court of First Instance (First Chamber) of 14 December 2005 − Arysta Lifescience v OHIM – BASF (CARPOVIRUSINE)
      (Case T-169/04)
      Community trade mark – Opposition proceedings – Application for the Community word mark CARPOVIRUSINE – Former national word mark CARPO – Likelihood of confusion – 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 – Word marks CARPOVIRUSINE and CARPO (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 71-72)
      
      Re: 
      
         ACTION brought against the decision of the First Board of Appeal of OHIM of 4 March 2004 (Case R 289/2003-1) relating to opposition
                  proceedings between Calliope SAS and BASF AG.
               
            Information relating to the case 
      
               Applicant for the Community trade mark:
            
            
               Arysta Lifescience SAS
            
         
               Community trade mark sought:
            
            
               Word mark ‘CARPOVIRUSINE’ – Application No 1422641, for goods in Class 5 (insecticides, etc.)
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               BASF AG
            
         
               Mark or sign sited in opposition:
            
            
               National and international word mark ‘CARPO’ for goods in Class 5
            
         
               Decision of the Opposition Division:
            
            
               Refusal to register
            
         
               Decision of the Board of Appeal:
            
            
               Dismissal of the action
            
         
      Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  Dismisses the action; 
               
            
         
                   
               
               
                  
               
               
                  Orders the applicant to pay the costs.