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Document 62005TJ0088
Judgment of the Court of First Instance (Fourth Chamber) of 8 February 2007. # Quelle AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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 (Fourth Chamber) of 8 February 2007.
Quelle AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
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 (Fourth Chamber) of 8 February 2007.
Quelle AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
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.
European Court Reports 2007 II-00008*
ECLI identifier: ECLI:EU:T:2007:45
Judgment of the Court of First Instance (Fourth Chamber) of 8 February 2007 – Quelle v OHIM – Nars Cosmetics (NARS)
(Case T-88/05)
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
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 69-71)
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. |
Information relating to the case
|
Applicant for the Community trade mark: |
Nars Cosmetics, Inc. |
|
Community trade mark sought: |
Figurative mark ‘NARS’ for goods in Classes 3, 18 and 25 – Application No 1333657 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Quelle AG |
|
Mark or sign cited in opposition: |
National figurative mark ‘MARS’ for goods in Class 25 |
|
Decision of the Opposition Division: |
Opposition dismissed |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
|
Dismisses the action; |
|
|
Orders the applicant to pay the costs. |