ECLI:EU:T:2007:105

Judgment of the Court of First Instance (Fourth Chamber) of 18 April 2007 – House of Donuts v OHIM – Panrico (House of donuts) (Joined Cases T-333/04 and T-334/04) Community trade mark – Opposition proceedings – Applications for Community figurative marks ‘House of donuts’ – Earlier national word marks ‘DONUT’ and earlier figurative marks ‘donuts’ – Relative ground for refusal – Likelihood of confusion 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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 57-59) Re: TWO ACTIONS brought against the decisions of the Fourth Board of Appeal of OHIM of 12 May 2004 (Cases R 1034/2001‑4 and R 1036/2001‑4) concerning opposition proceedings between Panrico, SA and House of Donuts International. Information relating to the case Applicant for the Community trade mark: House of Donuts International Community trade mark sought: Figurative mark ‘House of donuts’ for goods and services in classes 30, 32 and 42 – Application No 474486 Proprietor of the mark or sign cited in the opposition proceedings: Panrico, SA Mark or sign cited in opposition: Spanish word and figurative marks ‘DONUT’ and ‘donuts’ for goods and services in classes 30, 32 and 42 Decision by the Opposition Division: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: Dismisses the action; Orders the applicant to pay the costs of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and of the intervener.