Judgment — ECLI:EU:T:2007:131
Date: 2007-05-10
Language of the case: English
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Earlier trade mark which has a reputation
Procedure: Action for annulment - unfounded
Origin: Italy

Judgment of the Court of First Instance of 10 May 2007 - Antartica v OHIM - Nasdaq Stock Market (nasdaq) (Case T-47/06) 1 (Community trade mark - Opposition proceedings - Application for Community figurative mark nasdaq - Earlier Community word mark NASDAQ - Relative ground for refusal - Reputation - Article 8(5) of Regulation (EC) No 40/94) Language of the case: English Parties Applicant: Antartica Srl (Rome, Italy) (represented by: E. Racca, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent) Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: The Nasdaq Stock Market, Inc. (Washington DC, United States) (represented by: J. van Manen and J. Hofhuis, lawyers) Re: Action brought against the decision of the Second Board of Appeal of OHIM of OHIM of 7 December 2005 (Case R 752/2004-2), relating to opposition proceedings between The Nasdaq Stock Market, Inc. and Antartica Srl . Operative part of the judgment The Court: Dismisses the action; Orders the applicant to pay the costs. ____________ 1 - OJ C 74, 25.3.2006.