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Document 62006TJ0224

    Judgment of the Court of First Instance (Fifth Chamber) of 25 June 2008.
    Otto GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Opposition proceedings - Application for the Community figurative mark l’Altra Moda - Earlier national figurative mark Alba Moda - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Article 73 and Article 74(1) and (2) of Regulation No 40/94.
    Case T-224/06.

    European Court Reports 2008 II-00095*

    ECLI identifier: ECLI:EU:T:2008:221





    Judgment of the Court of First Instance (Fifth Chamber) of 25 June 2008 – Otto v OHIM – L’Altra Moda (l’Altra Moda)

    (Case T-224/06)

    Community trade mark – Opposition proceedings – Application for the Community figurative mark l’Altra Moda – Earlier national figurative mark Alba Moda – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Article 73 and Article 74(1) and (2) of Regulation 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 32-36, 46)

    Re:

    ACTION brought against the decision of the Second Board of Appeal of OHIM of 16 June 2006 (Case R 793/2005-2) relating to opposition proceedings between Otto GmbH & Co. KG and l’Altra Moda SpA.

    Information relating to the case

    Applicant for the Community trade mark:

    L’Altra Moda SpA

    Community trade mark sought:

    Figurative mark l’Altra Moda for goods in Classes 3, 18 and 25

    Proprietor of the mark or sign cited in the opposition proceedings:

    Otto GmbH & Co. KG

    Mark or sign cited in opposition:

    National figurative mark Alba Moda for goods in Class 25

    Decision of the Opposition Division:

    Opposition dismissed

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Otto GmbH & Co. KG to bear its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and of l’Altra Moda SpA.

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