This document is an excerpt from the EUR-Lex website
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.
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.
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
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. |