Source: All England Reporter
Publisher Citation: [2008] All ER (D) 195 (Jun)
Court: Court of First Instance of the European Communities (Second Chamber)

Judges Wiszniewska-Bialecka (Rapporteur) (acting for the President), Moavero Milanesi and Wahl

Judgment Dates: 17 June 2008


European Community - Trade marks - Registration - Community trade mark - Opposition proceedings - Application for registration of Community figurative mark BoomerangTV - Earlier national and Community word and figurative marks BOOMERANG and Boomerang - Relative grounds for refusal - No likelihood of confusion - No well-known trade mark - No damage to reputation - Failure to produce evidence before Opposition Division of existence of certain earlier trade marks or translations thereof - Production of evidence for first time before Board of Appeal - Council Regulation EC 40/94, arts 8(1)(b), 8(2)(c), 8(5), 74(2) - Paris Convention, art 6bis.

The Case

The applicant's application for annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), dismissing the applicant's appeal against the decision of the Opposition Division of OHIM, rejecting its opposition to the interveners' application for registration of a Community trade mark in respect of the figurative sign BoomerangTV, was dismissed by the Court of First Instance of the European Communities.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.