(Case T-273/08)

Community trade mark – Opposition procedure – Application for the word trade mark First-On-Skin – Earlier national word trade mark FIRST – 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 26, 42-43)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 May 2008 (Case R 281/2007-4) concerning an opposition procedure between X-Technology R & D Swiss GmbH and Ipko-Amcor BV.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Word mark First-On-Skin for goods in Classes 18, 23 and 25 – Application No 4019981

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

Ipko-Amcor BV

Mark or sign cited in opposition:

Word mark FIRST for goods in Class 25 (Benelux Registration No 401666), the objection having been lodged against registration for goods in Class 25

Decision of the Opposition Division:

Opposition dismissed

Decision of the Board of Appeal:

Decision of the Opposition Division annulled

Operative part

The Court:

1.Dismisses the application;

2.Orders X-Technology R & D Swiss GmbH to pay the costs.