Community trade mark Opposition proceedings No likelihood of confusion Article 8(1)(b) of Regulation (EC) No 40/94 Application for the Community word mark Nanolat Earlier national word mark TANNOLACT
Sumário
Judgment of the Court of First Instance (Sixth Chamber) of 19 November 2008.
Galderma SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the Community word mark Nanolat - Earlier national word mark TANNOLACT - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-6/07.
Texto da decisão
Judgment of the Court of First Instance (Sixth Chamber) of 19 November 2008 – Galderma v OHIM – Lelas (Nanolat)
(Case T-6/07)
Community trade mark – Opposition proceedings – Application for the Community word mark Nanolat – Earlier national word mark TANNOLACT – No 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 – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 49-50)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 25 October 2006 (Case R 146/2006-4) relating to opposition proceedings between Galderma SA and Mr Tihomir Lelas. |
Information relating to the case
|
Applicant for the Community trade mark: |
Tihomir Lelas |
|
Community trade mark sought: |
Word mark Nanolat for goods in Classes 1, 3 and 5 – Application No 3088986 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Galderma SA |
|
Mark or sign cited in opposition: |
German Word mark TANNOLACT for goods in Class 5 |
|
Decision of the Opposition Division: |
Rejection of the opposition |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Galderma SA to pay the costs. |