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Case T-414/05: Judgment of the Court of First Instance of 7 May 2009 — NHL Enterprises v OHIM — Glory & Pompea (LA KINGS) (Community trade mark — Opposition proceedings — Application for the Community figurative mark LA KINGS — Earlier national figurative mark KING — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
ECLI:EU:UNKNOWN:62005TA0414
62005TA0414
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Official Journal of the European Union
C 153/34
(Case T-414/05)(Community trade mark - Opposition proceedings - Application for the Community figurative mark LA KINGS - Earlier national figurative mark KING - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)
2009/C 153/64
Language of the case: English
Parties
Applicant: NHL Enterprises BV (Rijswijk, Netherlands) (represented initially by G. Llewelyn, Solicitor, and V. Barresi, lawyer, and subsequently by M. Collins, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves and D. Botis, Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Glory & Pompea, SA (Mataró, Spain)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 6 July 2005 (Case R 371/2003-4), concerning opposition proceedings between Glory & Pompea, SA and NHL Enterprises BV.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 July 2005 (Case R 371/2003-4);
2.Orders OHIM to bear its own costs and to pay those incurred by NHL Enterprises BV.
* * *
(1) OJ C 36, 11.2.2006.