Judgment of the Court of First Instance (Fourth Chamber) of 13 June 2007 – Grether v OHIM – Crisgo (FENNEL)

(Case T-167/05)

Community trade mark – Opposition proceedings – Application for the figurative Community trade mark FENNEL – Earlier Community word mark FENJAL – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b), Article 73, second sentence, and Article 74(1) 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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 72, 74)

Re:

ACTION brought against the decision of the Fourth Chamber of the Board of Appeal of OHIM of 14 October 2004 (Case R 250/2002-4) concerning opposition proceedings between Grether AG and Crisgo (Thailand) Co. Ltd.

Information relating to the case

Applicant for the Community trade mark:

Crisgo (Thailand) Co., Ltd

Community trade mark sought:

Figurative mark FENNEL for goods in Class 3 – Application No 903922

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

Mark or sign cited in opposition:

Community word mark FENJAL for goods in Class 3

Decision of the Opposition Division:

Opposition dismissed

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

Dismisses the action;

Orders the applicant to pay the costs.