Judgments (Information) nº T-169/04 of Court of First Instance of the European Communities, December 14, 2005

• Resolution Date: December 14, 2005
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-169/04

Judgment of the Court of First Instance (First Chamber) of 14 December 2005 − Arysta Lifescience v OHIM – BASF (CARPOVIRUSINE)

(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:

Arysta Lifescience SAS

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...