CELEX: 62006TJ0057
Community trade mark
Opposition proceedings
Application for figurative Community trade mark Top iX
Earlier international word mark TOFIX
Relative ground for refusal
No likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94
Request for proof of genuine use of the earlier mark submitted for the first time before the Court
Inadmissibility

ACTION brought against the decision of the Second Board of Appeal of OHIM of 14 December 2005 (Case R 1147/2004‑2) concerning
opposition proceedings between Erdal GmbH and NV Marly SA.
Information relating to the case
Applicant for the Community trade mark:
NV Marly SA
Community trade mark sought:
Figurative mark Top iX for goods in Class 3 – Application No 2326072
Proprietor of the mark or sign cited in the opposition proceedings:
Erdal GmbH
Mark or sign cited in opposition:
International word mark TOFIX for goods and services in Classes 3 and 4
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 NV Marly SA to pay the costs.