Judgment of the Court of First Instance (Eighth Chamber) of 26 November 2008 – Rajani v OHIM – Artoz-Papier (ATOZ)
(Case T-100/06)
Community trade mark – Opposition proceedings – Application for Community word mark ATOZ – Earlier international word mark ARTOZ – No requirement to provide evidence of genuine use – Starting point for the five-year time-limit – Date of registration of the earlier mark – Article 43(2) and (3) of Regulation (EC) No 40/94 – Likelihood of confusion – Article 8(1)(b) of Regulation No 40/94 – Obligation to state the reasons on which the decision is based – Articles 73 and 79 of Regulation No 40/94 and Article 6 of the ECHR
1. Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark (Council Regulation No 40/94, Art. 43(2) and (3)) (see paras 35, 43-45, 49)
2. 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 65-66)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 11 January 2006 (Case R 1126/2004-2), concerning opposition proceedings between Artoz Papier AG and Deepak Rajani.
Information relating to the case
Applicant for the Community trade mark:
Deepak Rajani
Community trade mark sought:
Word mark ATOZ for services in Classes 35 and 41 – Application No 1319961
Proprietor of the mark or sign cited in the opposition proceedings:
Artoz-Papier AG
Mark or sign cited in opposition:
International word mark ARTOZ for services in Classes 35 and 41
Decision of the Opposition Division:
Opposition upheld
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Deepak Rajani to pay the costs.
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