Judgment of the Court of First Instance (Fifth Chamber) of 10 September 2008 – Tsakiris-Mallas v OHIM – Late Editions (exē)

(Case T-96/06)

Community trade mark – Opposition proceedings – Application for Community figurative mark exē – Earlier national word mark EXE – Relative ground for refusal – Likelihood of confusion – Similarity of goods and 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 – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 40)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 11 January 2006 (Case R 1127/2004-2) concerning opposition proceedings between Late Editions Ltd and Tsakiris-Mallas EPE (now Tsakiris-Mallas AE).

Information relating to the case

Applicant for the Community trade mark:	Tsakiris-Mallas AE
Community trade mark sought:	Figurative mark exē for goods in Classes 18 and 25 – Application No 2190015
Proprietor of the mark or sign cited in the opposition proceedings:	Late Editions Ltd
Mark or sign cited in opposition:	National word mark EXE for goods in Class 25
Decision of the Opposition Division:	Opposition upheld in respect of some of the products
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1.

Dismisses the action;

2.

Orders Tsakiris-Mallas AE to pay the costs.