ECLI:EU:T:2003:107

«(Community trade mark – Opposition procedure – Earlier word mark TUFFTRIDE – Application for Community word mark NU-TRIDE – Risk of confusion – Risk of association – Trade marks contrary to public policy or accepted principles of morality – Article 7(1)(f) and Article 8(1)(b) of Regulation (EC) No 40/94)» Summary of the Judgment 1.. Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusing registration – Opposition by the holder of an earlier identical or similar mark registered for identical or similar goods or services – Risk of confusion with the earlier mark – Word marks TUFFTRIDE and NU-TRIDE (Council Regulation No 40/94, Art. 8(1)(b)) 2.. Community trade mark – Observations of third parties and opposition – Examination of the opposition – Scope – Relative grounds for refusing registration, not including absolute grounds put forward in third parties' observations (Council Regulation No 40/94, Arts 7, 8, 41, 42 and 43; Commission Regulation No 2868/95, Art. 1, Rule 20(6)) 3.. Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusing registration – Trade marks contrary to public policy or accepted principles of morality – Scope – Applicant acting in bad faith – Not covered (Council Regulation No 40/94, Art. 7(1)(f)) JUDGMENT OF THE COURT OF FIRST INSTANCE (Fourth Chamber)9 April 2003 (1) (((Community trade mark – Opposition procedure – Earlier word mark TUFFTRIDE – Application for Community word mark NU-TRIDE – Risk of confusion – Risk of association – Trade marks contrary to public policy or accepted principles of morality – Article 7(1)(f) and Article 8(1)(b) of Regulation (EC) No 40/94)) applicant, v defendant, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Fourth Chamber), having regard to the written procedure and further to the hearing on 27 November 2002 gives the following On those grounds, THE COURT OF FIRST INSTANCE (Fourth Chamber), Vilaras Tiili Mengozzi H. Jung M. Vilaras Registrar President 1 – Language of the case: English.