Judgment — ECLI:EU:T:2008:330
Date: 2008-09-10
Language of the case: Greek
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Figurative marks applied for
Procedure: Action for annulment - unfounded
Origin: Greece

Judgment of the Court of First Instance (Fifth Chamber) of 10 September 2008 – Tsakiris-Mallas v OHIM – Late Editions (exē) (Case T-96/06) Community trade mark – Opposition proceedings – Application for Community figurative mark exē – Earlier national word mark EXE – Relative ground for refusal – Likelihood of confusion – Similarity of goods and signs – Article 8(1)(b) of Regulation (EC) No 40/94 Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 40) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 11 January 2006 (Case R 1127/2004-2) concerning opposition proceedings between Late Editions Ltd and Tsakiris-Mallas EPE (now Tsakiris-Mallas AE). Information relating to the case Applicant for the Community trade mark: Tsakiris-Mallas AE Community trade mark sought: Figurative mark exē for goods in Classes 18 and 25 – Application No 2190015 Proprietor of the mark or sign cited in the opposition proceedings: Late Editions Ltd Mark or sign cited in opposition: National word mark EXE for goods in Class 25 Decision of the Opposition Division: Opposition upheld in respect of some of the products Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Tsakiris-Mallas AE to pay the costs.