CELEX: 62006TJ0100
Community trade mark
Opposition proceedings
Application for Community word mark ATOZ
Earlier international word mark ARTOZ
No requirement to provide evidence of genuine use
Starting point for the five-year time-limit
Date of registration of the earlier mark
Article 43(2) and (3) of Regulation (EC) No 40/94
Likelihood of confusion
Article 8(1)(b) of Regulation No 40/94
Obligation to state the reasons on which a measure is based
Articles 73 and 79 of Regulation No 40/94 and Article 6 of the ECHR

ACTION brought against the decision of the Second Board of Appeal of OHIM of 11 January 2006 (Case R 1126/2004-2), concerning
opposition proceedings between Artoz Papier AG and Deepak Rajani.
Information relating to the case
Applicant for the Community trade mark:
Deepak Rajani
Community trade mark sought:
Word mark ATOZ for services in Classes 35 and 41 – Application No 1319961
Proprietor of the mark or sign cited in the opposition proceedings:
Artoz-Papier AG
Mark or sign cited in opposition:
International word mark ARTOZ for services in Classes 35 and 41
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 Deepak Rajani to pay the costs.