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Judgment of the Court of First Instance (Eighth Chamber) of 4 March 2009. # Professional Tennis Registry, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for registration of the figurative mark PTR PROFESSIONAL TENNIS REGISTRY as a Community trade mark - Earlier national and Community figurative mark RPT Registro Profesional de Tenis, S.L. and earlier national figurative mark RPT European Registry of Professional Tennis - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-168/07.
ECLI:EU:T:2009:51
62007TJ0168
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(Case T-168/07)
Community trade mark – Opposition proceedings – Application for registration of the figurative mark PTR PROFESSIONAL TENNIS REGISTRY as a Community trade mark – Earlier national and Community figurative mark RPT Registro Profesional de Tenis, S.L. and earlier national figurative mark RPT European Registry of Professional Tennis – Relative ground for refusal – No 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 26, 43)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 28 February 2007, as corrected (Case R 1050/2005‑1), concerning opposition proceedings between Registro Profesional de Tenis, SL and Professional Tennis Registry, Inc.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Figurative mark PTR PROFESSIONAL TENNIS REGISTRY for goods and services in Classes 16, 25 and 41 – Application No 2826709
Proprietor of the mark or sign cited in the opposition proceedings:
Registro Profesional de Tenis, SL
Mark or sign cited in opposition:
National figurative marks RPT Registro Profesional de Tenis, S.L. and RPT European Registry of Professional Tennis for services in Class 41
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Partial annulment of the decision of the Opposition Division; application for Community mark rejected for goods and services in Classes 16 and 41
Operative part
The Court:
1.Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 February 2007, as corrected (Case R 1050/2005‑1);
2.Orders OHIM to bear its own costs and to pay the costs incurred by Professional Tennis Registry, Inc.;
3.Orders Registro Profesional de Tenis, SL, to bear its own costs.