Community trade mark Relative ground for refusal Likelihood of confusion Invalidity proceedings Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 Community word mark Presto! BizCard Reader Earlier national figurative marks Presto
Sumário
Judgment of the Court of First Instance (Fifth Chamber) of 22 May 2008.
NewSoft Technology Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Invalidity proceedings - Community word mark Presto! BizCard Reader - Earlier national figurative marks Presto - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94.
Case T-205/06.
Texto da decisão
Judgment of the Court of First Instance (Fifth Chamber) of 22 May 2008 – NewSoft Technology v OHIM – Soft (Presto! BizCard Reader)
(Case T-205/06)
Community trade mark – Invalidity proceedings – Community word mark Presto! BizCard Reader – Earlier national figurative marks Presto – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94
Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity – Existence of an identical or similar earlier trade mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 65-67)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 19 May 2006 (Case R 601/2005‑2) relating to invalidity proceedings between Soft, SA and NewSoft Technology Corp. |
Information relating to the case
|
Registered Community trade mark of which cancellation sought: |
Word mark Presto! BizCard Reader for goods and services in Classes 9, 16 and 42 – Application No 2625457 |
|
Proprietor of the Community trade mark: |
NewSoft Technology Corp. |
|
Party bringing the action for cancellation: |
Soft, SA |
|
Trade marks of the applicant for cancellation: |
Spanish figurative mark Presto for goods and services in Classes 9 and 42 |
|
Decision of the Cancellation Division: |
Community trade mark cancelled |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders NewSoft Technology Corp. to pay the costs. |