Judgment of the Court of First Instance (Third Chamber) of 8 November 2007 – Charlott v OHIM – Charlo (Charlott France Entre Luxe et Tradition)

(Case T-169/06)

Community trade mark – Opposition proceedings – Application for figurative Community trade mark Charlott France Entre Luxe et Tradition – Earlier figurative national mark Charlot – Genuine use of the earlier mark – Article 43(2) and (3) of Regulation (EC) No 40/94

Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark (Council Regulation No 40/94, Art. 43(2) and (3) (see paras 37, 64)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 24 April 2006 (Case R 223/2005‑2) concerning opposition proceedings between Charlo – Confecções para Homens, Artigos de Lã e Outros SA and Charlott SARL.

Information relating to the case

Applicant for the Community trade mark:	Charlott SARL
Community trade mark sought:	Figurative mark Charlott France Entre Luxe et Tradition for goods in Class 25 – Application No 1853274
Proprietor of the mark or sign cited in the opposition proceedings:	Charlo – Confecções para Homens, Artigos de Lã e Outros SA
Mark or sign cited in opposition:	National figurative mark Charlot for goods in Class 25
Decision of the Opposition Division:	Rejection of the opposition
Decision of the Board of Appeal:	Decision of the Opposition Division set aside

Operative part

The Court:

1.

Dismisses the action;

2.

Orders Charlott SARL to pay the costs, except those incurred by the intervener;

3.

Orders Charlo – Confecções para Homens, Artigos de Lã e Outros SA to bear its own costs.