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Case T-386/07: Judgment of the Court of First Instance of 29 October 2009 — Peek & Cloppenburg v OHIM — Redfil (Agile) (Community trade mark — Opposition proceedings — Application for the Community figurative mark Agile — Earlier Community and national word marks Aygill’s — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
ECLI:EU:UNKNOWN:62007TA0386
62007TA0386
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19.12.2009
Official Journal of the European Union
C 312/27
(Case T-386/07)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark Agile - Earlier Community and national word marks Aygill’s - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
2009/C 312/44
Language of the case: English
Parties
Applicant: Peek & Cloppenburg (Hamburg, Germany) (represented by: T. Dolde, A. Renck and V. von Bomhard, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by S. Laitinen, and subsequently by R. Pethke, Agents)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Redfil, SL (Barcelona, Spain) (represented by: C. Hernández Hernández, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 26 July 2007 (Case R 1324/2006-2), relating to opposition proceedings between Peek & Cloppenburg and Redfil, SL.
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 July 2007 (Case R 1324/2006 2).
2.Orders OHIM to pay the costs incurred by Peek & Cloppenburg.
3.Orders Redfil, SL to bear its own costs.
(<span class="super">1</span>) OJ C 297, 8.12.2007.