(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

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 24, 35, 51, 57-58, 75-77)

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.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Figurative mark LA KINGS for goods in Classes 16, 25 and 41 – Application No 1041102

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

Manufacturas Antonio Gassol SA. The mark cited in the opposition was later assigned to Glory & Pompea, SA

Mark or sign cited in opposition:

National figurative mark KING for goods in Class 25

Decision of the Opposition Division:

Opposition upheld for all the goods applied for in Class 25

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court: