Judgment of the Court of First Instance (Fifth Chamber) of 25 June 2008 – Otto v OHIM – L’Altra Moda (l’Altra Moda)
(Case T-224/06)
Community trade mark – Opposition proceedings – Application for the Community figurative mark l’Altra Moda – Earlier national figurative mark Alba Moda – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Article 73 and Article 74(1) and (2) of Regulation 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 32-36, 46)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 16 June 2006 (Case R 793/2005-2) relating to opposition proceedings between Otto GmbH & Co. KG and l’Altra Moda SpA.
Information relating to the case
Applicant for the Community trade mark:
L’Altra Moda SpA
Community trade mark sought:
Figurative mark l’Altra Moda for goods in Classes 3, 18 and 25
Proprietor of the mark or sign cited in the opposition proceedings:
Otto GmbH & Co. KG
Mark or sign cited in opposition:
National figurative mark Alba Moda for goods in Class 25
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Otto GmbH & Co. KG to bear its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and of l’Altra Moda SpA.
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