|
23.6.2007 |
EN |
Official Journal of the European Union |
C 140/22 |
Judgment of the Court of First Instance of 10 May 2007 — Antartica v OHIM — Nasdaq Stock Market (nasdaq)
(Case T-47/06) (1)
(Community trade mark - Opposition proceedings - Application for Community figurative mark nasdaq - Earlier Community word mark NASDAQ - Relative ground for refusal - Reputation - Article 8(5) of Regulation (EC) No 40/94)
(2007/C 140/37)
Language of the case: English
Parties
Applicant: Antartica Srl (Rome, Italy) (represented by: E. Racca, lawyer)
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 intervening before the Court of First Instance: The Nasdaq Stock Market, Inc. (Washington DC, United States) (represented by: J. van Manen and J. Hofhuis, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of OHIM of 7 December 2005 (Case R 752/2004-2), relating to opposition proceedings between The Nasdaq Stock Market, Inc. and Antartica Srl.
Operative part of the judgment
The Court:
|
1. |
Dismisses the action; |
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2. |
Orders the applicant to pay the costs. |