CELEX: 62005TJ0328
Community trade mark
Opposition proceedings
Application for Community word mark QUARTZ
Earlier Community figurative mark QUARTZ
Relative ground for refusal
Likelihood of confusion
Similarity between goods
Article 8(1)(b) of Regulation (EC) No 40/94

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 27 April 2005 (Case R 416/2004-4) relating to
opposition proceedings between TKS-Teknosoft SA and Apple Computer, Inc.
Information relating to the case
Applicant for the Community trade mark:
Apple Computer, Inc.
Community trade mark sought:
Word mark QUARTZ for goods in Class 9 – Application No 1421130
Proprietor of the mark or sign cited in the opposition proceedings:
TKS-Teknosoft SA
Mark or sign cited in opposition:
Community figurative mark QUARTZ for goods in Classes 9 and 42
Decision of the Opposition Division:
Opposition upheld in respect of all the goods at issue
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Apple Computer Inc. to pay the costs.