CELEX: 62008TJ0363
Community trade mark
Opposition proceedings
Application for the Community figurative mark nollie
Earlier national and international word marks NOLI
Relative ground for refusal
No similarity between the goods
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)
Article 74(1) of Regulation No 40/94 (now Article 76(1) of Regulation No 207/2009)

ACTION brought against the decision of the Second Board of Appeal of OHIM of 16 June 2008 (Case R 1590/2007-2), relating to
opposition proceedings between 2nine Ltd and Pacific Sunwear of California, Inc.
Information relating to the case
Applicant for the Community trade mark:
Pacific Sunwear of California, Inc.
Community trade mark sought:
Figurative mark nollie for goods and services in Classes 3, 9, 11, 14, 18, 20, 25 and 26 – application No 4602017
Proprietor of the mark or sign cited in the opposition proceedings:
2nine Ltd
Mark or sign cited in opposition:
International trade mark registration No 839740 of the word mark NOLI for goods in Classes 3, 18, 24 and 25; United Kingdom
trade mark registration No 2361525 of the word mark NOLI for goods in Classes 3, 18, 24 and 25
Decision of the Opposition Division:
Opposition upheld; trade mark application refused
Decision of the Board of Appeal:
Contested decision partially annulled
Operative part
The Court:
1.
Dismisses the action;
2.
Orders 2nine Ltd to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM).