(Case T-246/06)

Community trade mark – Opposition proceedings – Application for the Community word mark REVERIE – Earlier Community figurative mark Revert – Relative ground for refusal – 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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 44, 47-48)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 10 July 2006 (Case R 171/2005-4), relating to opposition proceedings between Manuel Revert & Cía, SA, and Redcats SA.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Word mark REVERIE for goods in Classes 16, 20 and 24 – Application No 2146447

Proprietor of the mark or sign cited in the opposition proceedings:

Manuel Revert & Cía, SA

Mark or sign cited in opposition:

Community figurative mark Revert for goods and services in Classes 24, 25 and 39

Decision of the Opposition Division:

Opposition upheld in relation to the disputed goods in Class 24

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Redcats SA to pay the costs.