CELEX: 62008TJ0162
Community trade mark
Opposition proceedings
Application for Community figurative mark GREEN by missako
Earlier national and Community figurative marks MI SA KO
No likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

ACTION brought against the decision of the Second Board of Appeal of OHIM of 14 February 2008 (Case R 1527/2006-2) relating
to opposition proceedings between Tinkerbell Modas LTDA and Frag Comercio Internacional, SL.
Information relating to the case
Applicant for the Community trade mark:
Tinkerbell Modas LTDA
Community trade mark sought:
Figurative mark GREEN by missako for goods and services in Classes 3, 25, 35 – Application No 3663234
Proprietor of the mark or sign cited in the opposition proceedings:
Frag Comercio Internacional, SL
Mark or sign cited in opposition:
The Community figurative trade mark MI SA KO for goods in Classes 18 and 25; the national figurative trade mark MI SA KO for
services in Class 35
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Frag Comercio Internacional, SL, to pay the costs.