Judgment — ECLI:EU:T:2008:515
Date: 2008-11-19
Language of the case: German
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks applied for
Procedure: Action for annulment - unfounded

Judgment of the Court of First Instance of 19 November 2008 - Galderma v OHIM - Lelas (Nanolat) (Case T-6/07) 1 (Community trade mark - Opposition proceedings - Application for the Community word mark Nanolat - Earlier national word mark TANNOLACT - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94) Language of the case: German Parties Applicant: Galderma SA (Cham, Switzerland) (represented by: N. Hebeis, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent) Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Tihomir Lelas (Zagreb, Croatia) (represented by: H.-J. Omsels, lawyer) Re: Action brought against the decision of the Fourth Board of Appeal of OHIM of 25 October 2006 (Case R 146/2006-4) relating to opposition proceedings between Galderma SA and Mr Tihomir Lelas Operative part of the judgment The Court: 1. dismisses the action; 2. orders Galderma SA to pay the costs. ____________ 1 - OJ C 56, 10.3.2007.