CELEX: 62006TJ0205
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

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.