ECLI:EU:T:2003:264

«(Community trade mark – Regulations (EC) No 40/94 and No 2868/95 – Opposition – Likelihood of confusion – Alteration of a decision of the Board of Appeal – Application for registration of Community word mark BASS – Earlier word mark PASH)» Summary of the Judgment 1.. Community trade mark – Appeal procedure – Appeal brought against a decision of the Opposition Division – Decision of the Board of Appeal going beyond the scope of the opposition – Unlawful (Council Regulation No 40/94, Arts 43(5), 62(1) and 74(1)) 2.. Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered for identical or similar goods or services – Risk of confusion with the earlier mark – Similarity between the marks at issue – Whether semantic differences capable of counteracting visual or aural similarities – Conditions (Council Regulation No 40/94, Art. 8(1)(b)) 3.. Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered for identical or similar goods or services – Risk of confusion with the earlier mark – Word marks BASS and PASH(Council Regulation No 40/94, Art. 8(1)(b)) 4.. Community trade mark – Appeal procedure – Appeal against a decision of the Opposition Division – Suspensive effect – Contested decision taking effect following the final refusal of the Board of Appeal – Refusal incorporated into a decision of the Court of First Instance giving judgment by virtue of its power of alteration (Council Regulation No 40/94, Arts 57(1), 59 and 63(3)) JUDGMENT OF THE COURT OF FIRST INSTANCE (Second Chamber)14 October 2003 (1) ((Community trade mark – Regulations (EC) No 40/94 and No 2868/95 – Opposition – Likelihood of confusion – Alteration of a decision of the Board of Appeal – Application for registration of Community word mark BASS – Earlier word mark PASH)) applicant, v defendant, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Second Chamber), having regard to the written procedure and further to the hearing on 4 March 2003, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Second Chamber), Forwood Pirrung Meij H. Jung N.J. Forwood Registrar President 1 – Language of the case: English.