Judgment — ECLI:EU:T:2008:221
Date: 2008-06-25
Language of the case: Italian
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: Germany

Judgment of the Court of First Instance of 25 June 2008 - Otto v OHIM (Case T-224/06) 1 (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) Language of the case: Italian Parties Applicant: Otto GmbH & Co. KG (Hamburg, Germany) (represented by: C. Rohnke and M. Munz, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and P. Bullock, Agents) Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: L'Altra Moda SpA (Rome, Italy) (represented by: A. Masetti Zannini de Concina and M. Bucarelli, lawyers) Re: 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. Operative part of the judgment 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. ____________ 1 - OJ C 281, 18. 11. 2006.