Judgment of the Court of First Instance (Third Chamber) of 16 January 2008 – Inter‑Ikea v OHIM – Waibel (idea)

(Case T-112/06)

Community trade mark – Invalidity proceedings – Community figurative mark ‘idea’ – Earlier Community and national figurative and word marks ‘IKEA’ – Relative ground for invalidity – No likelihood of confusion – Article 8(1)(b) and Article 52(1)(a) 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 80-81, 85)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 10 February 2006 (Case R 80/2005-1) relating to invalidity proceedings between Inter Ikea Systems BV and Walter Waibel.

Information relating to the case

Registered Community trade mark subject to an action for cancellation:

Figurative mark ‘idea’ for goods and services in Classes 16, 20 and 42 – Application No 283952

Proprietor of the Community trade mark:

Walter Waibel

Party bringing the action for cancellation:

Inter-Ikea Systems BV

Trade mark of the applicant for cancellation:

Various figurative and word marks, Community and national, for goods in Classes 16, 20 and 42

Decision of the Cancellation Division:

Cancellation of the mark ‘idea’

Decision of the Board of Appeal:

Dismissal of application


Operative part

The Court:

1.

Dismisses the action;

2.

Orders Inter-Ikea Systems BV to pay the costs, including those incurred by Walter Waibel in the proceedings before the Board of Appeal.