Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 – Fratex Indústria e Comércio v OHIM – USA Track & Field (TRACK & FIELD USA)
(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)
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 33, 68-74)
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.
Information relating to the case
Applicant for the Community trade mark:
USA Track & Field, Inc
Community trade mark sought:
Figurative mark USA TRACK & FIELD – Application No 1680883
Proprietor of the mark or sign cited in the opposition proceedings:
Fratex Indústria e Comércio, Ltda
Mark or sign cited in opposition:
Figurative national mark TRACK & FIELD
Decision of the Opposition Division:
Opposition upheld
Decision of the Board of Appeal:
Appeal by USA Track & Field, Inc allowed
Operative part
The Court:
1.
Dismisses the application;
2.
Orders Fratex Indústria e Comércio, Ltda to pay the costs.
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