CELEX: 62006TJ0224
Community trade mark
Opposition proceedings
Application for the Community figurative mark l’Altra Moda
Earlier national figurative mark Alba Moda
Relative ground for refusal
No likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94
Article 73 and Article 74(1) and (2) of Regulation No 40/94

ACTION brought against the decision of the Second Board of Appeal of OHIM of 16 June 2006 (Case R 793/2005-2) relating to
opposition proceedings between Otto GmbH & Co. KG and l’Altra Moda SpA.
Information relating to the case
Applicant for the Community trade mark:
L’Altra Moda SpA
Community trade mark sought:
Figurative mark l’Altra Moda for goods in Classes 3, 18 and 25
Proprietor of the mark or sign cited in the opposition proceedings:
Otto GmbH & Co. KG
Mark or sign cited in opposition:
National figurative mark Alba Moda for goods in Class 25
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 Otto GmbH & Co. KG to bear its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) and of l’Altra Moda SpA.