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.
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