This document is an excerpt from the EUR-Lex website
Document C2007/082/80
Case T-88/05: Judgment of the Court of First Instance of 8 February 2007 — Quelle v OHIM — Nars Cosmetics (NARS) (Community trade mark — Opposition proceedings — Application for the figurative Community trade mark NARS — Earlier figurative national marks including the word element MARS — Relative ground for refusal — Likelihood of confusion — Absence of similarity between the signs — Article 8(1)(b) of Regulation (EC) No 40/94)
Case T-88/05: Judgment of the Court of First Instance of 8 February 2007 — Quelle v OHIM — Nars Cosmetics (NARS) (Community trade mark — Opposition proceedings — Application for the figurative Community trade mark NARS — Earlier figurative national marks including the word element MARS — Relative ground for refusal — Likelihood of confusion — Absence of similarity between the signs — Article 8(1)(b) of Regulation (EC) No 40/94)
Case T-88/05: Judgment of the Court of First Instance of 8 February 2007 — Quelle v OHIM — Nars Cosmetics (NARS) (Community trade mark — Opposition proceedings — Application for the figurative Community trade mark NARS — Earlier figurative national marks including the word element MARS — Relative ground for refusal — Likelihood of confusion — Absence of similarity between the signs — Article 8(1)(b) of Regulation (EC) No 40/94)
OJ C 82, 14.4.2007, p. 36–37
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, RO, SK, SL, FI, SV)
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14.4.2007 |
EN |
Official Journal of the European Union |
C 82/36 |
Judgment of the Court of First Instance of 8 February 2007 — Quelle v OHIM — Nars Cosmetics (NARS)
(Case T-88/05) (1)
(Community trade mark - Opposition proceedings - Application for the figurative Community trade mark NARS - Earlier figurative national marks including the word element MARS - Relative ground for refusal - Likelihood of confusion - Absence of similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94)
(2007/C 82/80)
Language of the case: English
Parties
Applicant: Quelle AG (Fürth, Germany) (represented by: H. Lindner, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Laitinen and A. Folliard Monguiral, Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Nars Cosmetics, Inc. (New York, United States) (represented by: M. de Justo Bailey, lawyer)
Re:
Action for annulment of the decision of the Second Board of Appeal of OHIM of 17 December 2004 (Case R 379/2004-2) relating to opposition proceedings between Quelle AG and Nars Cosmetics, Inc.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders the applicant to pay the costs. |