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Case T-103/07: Judgment of the Court of First Instance of 23 September 2009 — Fratex Industria e Comércio v OHIM– USA Track & Field (TRACK & FIELD USA) (Community trade mark — Opposition proceedings — Application for figurative Community mark TRACK & FIELD USA — Earlier national figurative mark TRACK & FIELD — Relative ground for refusal — No likelihood of confusion — Lack of similarity between 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:62007TA0103
62007TA0103
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Official Journal of the European Union
C 267/56
(Case T-103/07)
(Community trade mark - Opposition proceedings - Application for figurative Community mark TRACK & FIELD USA - Earlier national figurative mark TRACK & FIELD - Relative ground for refusal - No likelihood of confusion - Lack of similarity between 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 267/97
Language of the case: Spanish
Parties
Applicant: Fratex Indústria e Comércio, Ltda (São Paolo, Brasil) (represented by: B. Braga da Cruz, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Mondéjar Ortuño, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: USA Track & Field, Inc (Indiana, United States of America)
Re:
Action brought against the decision of 18 January 2007 of the Fourth Board of Appeal of OHIM (Case No R. 1061/2005-4)) concerning opposition proceedings between Fratex Indústria e Comércio, Ltda and USA Track & Field, Inc
Operative part of the judgment
The Court:
1.Dismisses the application.
2.Orders Fratex Indústria e Comércio, Ltda to pay the costs
(<span class="super">1</span>) OJ C 140, 23.6.2007.