Judgment of the Court of First Instance (Fourth Chamber) of 6 May 2008 – Redcats v OHIM – Revert & Cía (REVERIE)
(Case T-246/06)
Community trade mark – Opposition proceedings – Application for the Community word mark REVERIE – Earlier Community figurative mark Revert – Relative ground for refusal – 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 44, 47-48)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 10 July 2006 (Case R 171/2005-4), relating to opposition proceedings between Manuel Revert & Cía, SA, and Redcats SA.
Information relating to the case
Applicant for the Community trade mark:
Redcats SA
Community trade mark sought:
Word mark REVERIE for goods in Classes 16, 20 and 24 – Application No 2146447
Proprietor of the mark or sign cited in the opposition proceedings:
Manuel Revert & Cía, SA
Mark or sign cited in opposition:
Community figurative mark Revert for goods and services in Classes 24, 25 and 39
Decision of the Opposition Division:
Opposition upheld in relation to the disputed goods in Class 24
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Redcats SA to pay the costs.
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