(Case T-169/04)

Community trade mark – Opposition proceedings – Application for the Community word mark CARPOVIRUSINE – Former national word mark CARPO – 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 – Word marks CARPOVIRUSINE and CARPO (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 71-72)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 4 March 2004 (Case R 289/2003-1) relating to opposition proceedings between Calliope SAS and BASF AG.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Word mark ‘CARPOVIRUSINE’ – Application No 1422641, for goods in Class 5 (insecticides, etc.)

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

BASF AG

Mark or sign sited in opposition:

National and international word mark ‘CARPO’ for goods in Class 5

Decision of the Opposition Division:

Refusal to register

Decision of the Board of Appeal:

Dismissal of the action

Operative part

The Court:

Dismisses the action;

Orders the applicant to pay the costs.