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23.2.2008 |
EN |
Official Journal of the European Union |
C 51/42 |
Judgment of the Court of First Instance of 16 January 2008 — Inter-Ikea OHIM — Waibel (idea)
(Case T-112/06) (1)
(Community trade mark - Invalidity proceedings - Community figurative mark ‘idea’ - Earlier Community and national figurative and word marks ‘IKEA’ - Relative ground for invalidity - No likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94)
(2008/C 51/77)
Language of the case: English
Parties
Applicant: Inter-Ikea Systems BV, (Delft, Netherlands) (represented by: J. Gulliksson and J. Olsson, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM and intervener before the Court of First Instance: Walter Waibel (Dingolfing, Germany) (represented by: A. Fottner and M. Müller, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 10 February 2006 (Case R 80/2005-1) relating to invalidity proceedings between Inter Ikea Systems BV and Walter Waibel.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Inter-Ikea Systems BV to pay the costs, including those incurred by Walter Waibel in the proceedings before the Board of Appeal. |