CELEX: 62005TJ0088
Community trade mark
Opposition proceedings
Application for the figurative Community trade mark NARS
Earlier figurative national marks including the word element MARS
Relative ground for refusal
Likelihood of confusion
Absence of similarity between the signs
Article 8(1)(b) of Regulation (EC) No 40/94

ACTION for annulment of the decision of the Second Board of Appeal of OHIM of 17 December 2004 (Case R 379/2004-2) relating
to opposition proceedings between Quelle AG and Nars Cosmetics, Inc.
Information relating to the case
Applicant for the Community trade mark:
Nars Cosmetics, Inc.
Community trade mark sought:
Figurative mark ‘NARS’ for goods in Classes 3, 18 and 25 – Application No 1333657
Proprietor of the mark or sign cited in the opposition proceedings:
Quelle AG
Mark or sign cited in opposition:
National figurative mark ‘MARS’ for goods in Class 25
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:

Dismisses the action;

Orders the applicant to pay the costs.