Community trade mark Opposition proceedings Relative ground for refusal Likelihood of confusion Article 8(1)(b) of Regulation (EC) No 40/94 Absence of similarity between the signs Application for the figurative Community trade mark NARS Earlier figurative national marks including the word element MARS
Sumário
Judgment of the Court of First Instance (Fourth Chamber) of 8 February 2007.
Quelle AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the figurative Community trade mark NARS - Earlier figurative national marks including the word element MARS - Relative ground for refusal - Likelihood of confusion - Absence of similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-88/05.
Texto da decisão
Judgment of the Court of First Instance (Fourth Chamber) of 8 February 2007 – Quelle v OHIM – Nars Cosmetics (NARS)
(Case T-88/05)
Community trade mark – Opposition proceedings – Application for the figurative Community trade mark NARS – Earlier figurative national marks including the word element MARS – Relative ground for refusal – Likelihood of confusion – Absence of similarity between the signs – 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 69-71)
Re:
| ACTION for annulment of the decision of the Second Board of Appeal of OHIM of 17 December 2004 (Case R 379/2004-2) relating to opposition proceedings between Quelle AG and Nars Cosmetics, Inc. |
Information relating to the case
|
Applicant for the Community trade mark: |
Nars Cosmetics, Inc. |
|
Community trade mark sought: |
Figurative mark ‘NARS’ for goods in Classes 3, 18 and 25 – Application No 1333657 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Quelle AG |
|
Mark or sign cited in opposition: |
National figurative mark ‘MARS’ for goods in Class 25 |
|
Decision of the Opposition Division: |
Opposition dismissed |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
|
Dismisses the action; |
|
|
Orders the applicant to pay the costs. |