ECLI:EU:T:2005:459

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 international word mark ‘CARPO’ for goods in Class 5 Decision of the Opposition Division: Refusal to register Decision of the Board of Appeal: Dismissal of the action Operative part The Court: Dismisses the action; Orders the applicant to pay the costs.