Source: All England Reporter
Publisher Citation: [2007] All ER (D) 159 (Feb)
Court: Court of First Instance of the European Communities (Second Chamber)
Judge:

Judges Pirrung (President), Meij and Pelikanova
Judgment Dates: 13 February 2007

Catchwords

Trade marks - Community trade mark - Registration - Opposition to registration - Applicant holding German word mark 'RESPICORT' - Applicant opposing registration of 'RESPICUR' - Respondent's Board of Appeal dismissing applicant's opposition - Whether Appeal Board erring.

The Case

In the instant case, where the respondent's Board of Appeal had dismissed the applicant's opposition to the registration of the word mark 'RESPICUR' on the ground that it was the holder of the German word mark 'RESPICORT', the Court of First Instance of the European Communities held that the Board of Appeal had erred in dismissing the applicant's opposition. Accordingly, the decision of the Board of Appeal was annulled.

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