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Document 62006TJ0205

    Judgment of the Court of First Instance (Fifth Chamber) of 22 May 2008.
    NewSoft Technology Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Invalidity proceedings - Community word mark Presto! BizCard Reader - Earlier national figurative marks Presto - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94.
    Case T-205/06.

    European Court Reports 2008 II-00078*

    ECLI identifier: ECLI:EU:T:2008:163





    Judgment of the Court of First Instance (Fifth Chamber) of 22 May 2008 – NewSoft Technology v OHIM – Soft (Presto! BizCard Reader)

    (Case T-205/06)

    Community trade mark – Invalidity proceedings – Community word mark Presto! BizCard Reader – Earlier national figurative marks Presto – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94

    Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity – Existence of an identical or similar earlier trade 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 65-67)

    Re:

    ACTION brought against the decision of the Second Board of Appeal of OHIM of 19 May 2006 (Case R 601/2005‑2) relating to invalidity proceedings between Soft, SA and NewSoft Technology Corp.

    Information relating to the case

    Registered Community trade mark of which cancellation sought:

    Word mark Presto! BizCard Reader for goods and services in Classes 9, 16 and 42 – Application No 2625457

    Proprietor of the Community trade mark:

    NewSoft Technology Corp.

    Party bringing the action for cancellation:

    Soft, SA

    Trade marks of the applicant for cancellation:

    Spanish figurative mark Presto for goods and services in Classes 9 and 42

    Decision of the Cancellation Division:

    Community trade mark cancelled

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders NewSoft Technology Corp. to pay the costs.

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