(Case T-486/07)

Community trade mark – Opposition proceedings – Application for figurative Community trade mark CA – Earlier Community word and figurative marks KA – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now 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 40/94, Art. 8(1)(b)) (see paras 27, 92)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 25 October 2007 (Case R 85/2006-4), relating to opposition proceedings between Ford Motor Company and Alkar Automotive, SA.

Information relating to the case

Applicant for the Community trade mark:

Alkar Automotive, SA

Community trade mark sought:

Figurative mark CA for, inter alia, goods in Classes 9, 11 and 12 – Application No 3186764

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

Mark or sign cited in opposition:

Community word and figurative marks KA for goods and services in Classes 9, 12, 14, 16, 18, 20, 21, 27, 32 and 37

Decision of the Opposition Division:

Opposition rejected in its entirety

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Ford Motor Company to pay the costs.