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Document 62007TJ0036
Summary of the Judgment
Summary of the Judgment
Judgment of the Court of First Instance (Eighth Chamber) of 25 June 2008 Zipcar v OHIM Canary Islands Car (ZIPCAR)
(Case T-36/07)
‛Community trade mark — Opposition proceedings — Application for the Community word mark ZIPCAR — Earlier national word mark CICAR — Relative ground for refusal — Likelihood of confusion — 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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 47-50)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 30 November 2006 (Case R 122/2006-2) relating to opposition proceedings between Canary Islands Car, SL and Zipcar, Inc.
Information relating to the case
|
Applicant for the Community trade mark: |
Zipcar, Inc. |
|
Community trade mark sought: |
Word mark ZIPCAR for goods and services in Classes 9, 39 and 42 Application No 3139375 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Canary Islands Car, SL |
|
Mark or sign cited in opposition: |
National word mark CICAR for services in Class 39 |
|
Decision of the Opposition Division: |
Opposition upheld in relation to the Class 39 services cited |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Zipcar, Inc. to pay the costs. |