(Case T-433/09)

Community trade mark – Opposition proceedings – Application for Community word mark Tila March – Earlier national figurative mark CARMEN MARCH – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

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 207/2009, Art. 8(1)(b)) (see paras 22-23, 60)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 20 August 2009 (Case R 1538/2008-2), relating to opposition proceedings between Carmen March Juan and TTNB.

Information relating to the case

Applicant for the Community trade mark:

Tamara Taichman, succeeded by the applicant, TTNB

Community trade mark sought:

Word mark Tila March for goods in Classes 3, 18 and 25 – Application No 5402722

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

Carmen March Juan

Mark or sign cited in opposition:

Spanish word mark CARMEN MARCH for goods and services in Classes 3, 18, 24, 25, 35 and 38, the opposition being brought against registration of goods in Classes 3, 18 and 25

Decision of the Opposition Division:

Opposition dismissed

Decision of the Board of Appeal:

Decision of the Opposition Division annulled

Operative part

The Court:

1.Dismisses the action;

2.Orders TTNB to pay the costs.