CELEX: 62009TJ0130
Community trade mark
Opposition proceedings
Application for Community figurative mark incorporating the word eliza
Earlier Community word mark ELISE
Relative grounds for refusal
Likelihood of confusion
Refusal of registration
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 28 July 2008 (Case R 1244/2008-4) relating to
opposition proceedings between Went Computing Consultancy Group BV and Eliza Corp.
Information relating to the case
Applicant for the Community trade mark:
Eliza Corporation
Community trade mark sought:
Figurative mark eliza, for goods and services in Classes 9, 37 and 42
Proprietor of the mark or sign cited in the opposition proceedings:
Went Computing Consultancy Group BV
Mark or sign cited in opposition:
Community trade mark registration of the word mark ELISE for goods and services in Classes 9, 16, 35 and 42
Decision of the Opposition Division:
Opposition upheld
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Eliza Corporation to bear its own costs and to pay the costs incurred by the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) and by Went Computing Consultancy Group BV.