CELEX: 62007TJ0101
Community trade mark
Opposition proceedings
Application for a figurative Community trade mark DADA
Earlier national word mark DADA
Relative grounds for refusal
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94
Genuine use of the earlier trade mark
Article 43(2) and (3) of Regulation No 40/94

ACTION brought against the decision of the First Board of Appeal of OHIM of 12 January 2007 (Case R 1342/2005-1) relating
to opposition proceedings between Dada Srl and Dada SpA.
Information relating to the case
Applicant for the Community trade mark:
Dada SpA
Community trade mark sought:
Figurative mark DADA for services in Class 42 – Application No 1903111
Proprietor of the mark or sign cited in the opposition proceedings:
Dada Srl
Mark or sign cited in opposition:
Italian word mark DADA, for services in Classes 35, 37, 38 and 42, and the company name DADA, used in business in Italy to
identify the following activities: ‘management of commercial affairs, commercial administration, office work, real estate,
telecommunications, education, training, legal services, computer programming’
Decision of the Opposition Division:
Opposition upheld; registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Dada SpA to pay the costs.