(Case T-9/05)

Community trade mark – Opposition proceedings – Application for the Community word mark AMPLITUDE – Earlier national figurative mark AMPLY – 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 59, 62-64)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 3 November 2004 (Case R 433/2004-1), relating to opposition proceedings between Indo Internacional SA and Hoya Kabushiki Kaisha.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Word mark AMPLITUDE for goods in Class 9 – Application No 001723931

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

Indo Internacional, SA

Mark or sign cited in opposition:

Decision of the Opposition Division:

Opposition dismissed

Decision of the Board of Appeal:

Annulment of the contested decision; registration refused

Operative part

The Court:

1.Dismisses the action;

2.Orders Hoya Kabushiki Kaisha to pay the costs.