ECLI:EU:T:2003:280

«(Community trade mark – Opposition proceedings – Earlier Community trade mark ASTERIX – Application for a Community figurative mark containing the word starix – Relative grounds for refusal – Article 8(1)(b) and 8(5) of Regulation (EC) No 40/94)» Summary of the Judgment 1.. 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 – Verbal mark ASTERIX and figurative mark consisting of the verbal element starix and graphical elements (Council Regulation No 40/94, Art. 8(1)(b)) 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 – Reputation of the earlier mark – Relevance (Council Regulation No 40/94, Art. 8(1)(b)) 3.. Community trade mark – Appeal procedure – Action brought before the Community Courts – Jurisdiction of the Court of First Instance – Review of the legality of the decisions taken by the Boards of Appeal with regard to the issues of law raised before them (Council Regulation No 40/94, Art. 63) JUDGMENT OF THE COURT OF FIRST INSTANCE (Fourth Chamber)22 October 2003 (1) ((Community trade mark – Opposition proceedings – Earlier Community trade mark ASTERIX – Application for a Community figurative mark containing the word starix – Relative grounds for refusal – Article 8(1)(b) and 8(5) 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 14 May 2003, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Fourth Chamber) Tiili Mengozzi Vilaras H. Jung V. Tiili Registrar President 1 – Language of the case: German.