(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:

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:

Dismisses the action;

Orders Hedgefund Intelligence Ltd to pay the costs.