In Case T‑363/06 Honda Motor Europe Ltd v Office for Harmonisation in the Internal Market, Seat SA, the Court of First Instance of the European Communities today dismissed Honda's appeal against OHIM's refusal to register the words MAGIC SEAT as a Community trade mark for 'vehicle seats and vehicle seat mechanisms and parts and fittings and accessories for these goods' in Class 12.

Seat had filed a notice of opposition, citing its earlier Spanish registration in Class 12 of the mark depicted here for ‘land vehicles, coupling and transmission components as well as other components and spare parts for land vehicles not belonging to other classes; apparatus for locomotion by land, air or water’.

The examiner, the Board of Appeal and now the Court have agreed that the marks were similar, the goods were the same and there was a likelihood of confusion.