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Document 62005TJ0328

    Judgment of the Court of First Instance (Third Chamber) of 1 July 2008.
    Apple Computer, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Opposition proceedings - Application for Community word mark QUARTZ - Earlier Community figurative mark QUARTZ - Relative ground for refusal - Likelihood of confusion - Similarity between goods - Article 8(1)(b) of Regulation (EC) No 40/94.
    Case T-328/05.

    European Court Reports 2008 II-00104*

    ECLI identifier: ECLI:EU:T:2008:238

    Date of document:
    01/07/2008
    Date lodged:
    26/08/2005
    Author:
    General Court
    Country or organisation from which the request originates:
    Third countries
    Form:
    Judgment
    Additional information:
    POURVOI C-416/08 P
    Authentic language:
    English
    Type of procedure:
    Action for annulment - unfounded
    Applicant:
    Individual
    Defendant:
    EU institutions and bodies, European Union Intellectual Property Office
    Judge-Rapporteur:
    Jaeger
    Treaty:
    Treaty establishing the European Economic Community
    Link
    Select all documents mentioning this document
    Affected by case:
    Instruments cited in case law:





    Judgment of the Court of First Instance (Third Chamber) of 1 July 2008 – Apple Computer v OHIM – TKS-Teknosoft (QUARTZ)

    (Case T-328/05)

    Community trade mark – Opposition proceedings – Application for Community word mark QUARTZ – Earlier Community figurative mark QUARTZ – Relative ground for refusal – Likelihood of confusion – Similarity between goods – Article 8(1)(b) of Regulation (EC) No 40/94

    Community trade mark – Definition and acquisition of the Community trade mark – Absolute 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 56, 58-60)

    Re:

    ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 27 April 2005 (Case R 416/2004-4) relating to opposition proceedings between TKS-Teknosoft SA and Apple Computer, Inc.

    Information relating to the case

    Applicant for the Community trade mark:

    Apple Computer, Inc.

    Community trade mark sought:

    Word mark QUARTZ for goods in Class 9 – Application No 1421130

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

    TKS-Teknosoft SA

    Mark or sign cited in opposition:

    Community figurative mark QUARTZ for goods in Classes 9 and 42

    Decision of the Opposition Division:

    Opposition upheld in respect of all the goods at issue

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Apple Computer Inc. to pay the costs.

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