ECLI:EU:T:2008:10

Judgment of the Court of First Instance (Third Chamber) of 16 January 2008 – Inter‑Ikea v OHIM – Waibel (idea) (Case T-112/06) Community trade mark – Invalidity proceedings – Community figurative mark ‘idea’ – Earlier Community and national figurative and word marks ‘IKEA’ – Relative ground for invalidity – No likelihood of confusion – Article 8(1)(b) and Article 52(1)(a) 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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 80-81, 85) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 10 February 2006 (Case R 80/2005-1) relating to invalidity proceedings between Inter Ikea Systems BV and Walter Waibel. Information relating to the case Registered Community trade mark subject to an action for cancellation: Figurative mark ‘idea’ for goods and services in Classes 16, 20 and 42 – Application No 283952 Proprietor of the Community trade mark: Walter Waibel Party bringing the action for cancellation: Inter-Ikea Systems BV Trade mark of the applicant for cancellation: Various figurative and word marks, Community and national, for goods in Classes 16, 20 and 42 Decision of the Cancellation Division: Cancellation of the mark ‘idea’ Decision of the Board of Appeal: Dismissal of application Operative part The Court: 1. Dismisses the action; 2. Orders Inter-Ikea Systems BV to pay the costs, including those incurred by Walter Waibel in the proceedings before the Board of Appeal.