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Judgment of the Court of First Instance (Fifth Chamber) of 24 September 2008. # Anvil Knitwear, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community figurative mark Aprile - Earlier national word mark ANVIL - Relative ground for refusal - No likelihood of confusion - Obligation to state reasons - Rights of the defence - Articles 8(1)(b), 73 and 74 of Regulation (EC) No 40/94. # Case T-179/07.
ECLI:EU:T:2008:401
62007TJ0179
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(Case T-179/07)
Community trade mark – Opposition proceedings – Application for the Community figurative mark Aprile – Earlier national word mark ANVIL – Relative ground for refusal – No likelihood of confusion – Obligation to state reasons – Rights of the defence – Articles 8(1)(b), 73 and 74 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 55, 57-63)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 22 March 2007 (Case R-1076/2006-2), relating to opposition proceedings between Anvil Knitwear, Inc. and Aprile e Aprile Srl.
Operative part
The Court:
1.Dismisses the action;
2.Orders Anvil Knitwear, Inc. to pay the costs.