CELEX: 62006TJ0047
Community trade mark
Opposition proceedings
Application for Community figurative mark nasdaq
Earlier Community word mark NASDAQ
Relative ground for refusal
Reputation
Article 8(5) of Regulation (EC) No 40/94

ACTION brought against the decision of the Second Board of Appeal of OHIM of 7 December 2005 (Case R 752/2004-2), relating
to opposition proceedings between The Nasdaq Stock Market, Inc. and Antartica Srl.
Information relating to the case
Applicant for the Community trade mark:
Antartica Srl
Community trade mark sought:
Figurative mark nasdaq for goods in Classes 9, 12, 14, 25 and 28
Proprietor of the mark or sign cited in the opposition proceedings:
The Nasdaq Stock Market, Inc.
Mark or sign cited in opposition:
Community word mark NASDAQ for goods in Classes 9, 16, 35, 36, 38 et 42, and the earlier trade mark NASDAQ, generally recognised
in all the Member States of the European Union
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Decision of the Opposition Division set aside and application for registration dismissed
Operative part
The Court:

Dismisses the action;

Orders Antartica Srl to pay the costs.