(Case T-304/07)

Community trade mark – Opposition proceedings – Application for a Community figurative mark representing a stylised arch with the surface in solid colour – Earlier Community figurative mark representing a stylised arch – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 14 June 2007 in Case R 768/2006-1 relating to opposition proceedings between Camper, SL and Calzaturificio Frau SpA.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Figurative mark representing a stylised arch with the surface in solid colour for goods in Classes 18 and 25 – Application No 3388097

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

Camper, SL

Mark or sign cited in opposition:

Spanish national tridimensional mark reproducing the shape of a shoe, for goods in Class 25, a series of English national figurative marks representing, in various formats, arches, for goods in Class 25, and two Community figurative marks, also in the shape of an arch for goods in Class 18

Decision of the Opposition Division:

Opposition partially rejected

Decision of the Board of Appeal:

Contested decision annulled; application for registration dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Calzaturificio Frau SpA to pay the costs.