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Judgment of the General Court (Eighth Chamber) of 17 December 2010.#Amen Corner, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Community trade mark - Opposition proceedings - Application for Community figurative mark SEVE TROPHY - Earlier Community figurative marks Seve Ballesteros Trophy and SEVE TROPHY - Relative grounds for refusal - Lack of similarity of the goods and of the services - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - No unfair advantage taken of or detriment caused to the distinctive character or repute of the earlier marks - Article 8(5) of Regulation No 40/94 (now Article 8(5) of Regulation No 207/2009 .#Case T-192/09.
ECLI:EU:T:2010:553
62009TJ0192
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(Case T-192/09)
Community trade mark – Opposition proceedings – Application for Community figurative mark SEVE TROPHY – Earlier Community figurative marks Seve Ballesteros Trophy and SEVE TROPHY – Relative grounds for refusal – No similarity of the goods and services – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – No unfair advantage taken of or detriment caused to the distinctive character or repute of the earlier marks – Article 8(5) of Regulation No 40/94 (now Article 8(5) of Regulation No 207/2009)
3. 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 enjoying a reputation – Protection of well-known earlier mark extended to dissimilar goods or services (Council Regulation No 40/94, Art. 8(5)) (see paras 66-79)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 5 March 2009 (Case R 462/2008-2) relating to opposition proceedings between Amen Corner, SA and Comercio Electrónico Ojal, SL.
Information relating to the case
Applicant for the Community trade mark:
Comercio Electrónico Ojal, SL
Community trade mark sought:
Figurative mark including the verbal component SEVE TROPHY for goods and services in Classes 3, 9, 14, 18, 25, 28, 35 and 41 – Application No 4617213
Proprietor of the mark or sign cited in the opposition proceedings:
Mark or sign cited in opposition:
Community figurative trade marks SEVE TROPHY and Seve Ballesteros Trophy (Nos 1541226, 1980341, 2068682 and No 3846235) for goods and services in Classes 3, 14, 25, 28, 35 and 41
Decision of the Opposition Division:
Opposition dismissed under Article 8(5) of Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1994 L 11, p. 1) (replaced by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1); opposition partially upheld under Article 8(1)(b) of the same regulation
Decision of the Board of Appeal:
Appeal upheld in part
Operative part
The Court:
1.Dismisses the action;
2.Orders Amen Corner, SA to pay the costs.