Case T-328/05: Action brought on 26 August 2005 — Apple Computer/OHIM
Date: 2005-11-12
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), software, trade-mark law

C 281/28

EN

Official Journal of the European Union

12.11.2005

Action brought on 26 August 2005 — Apple Computer/
OHIM

(Case T-328/05)

(2005/C 281/52)

Language in which the application was lodged: English

finding similarity between the relevant goods and failed to
assess the likelihood of confusion by reference to the relevant
consumers thereby giving the opponent TKS-Teknosoft S.A. a
trade mark monopoly.

Parties

Action brought on 1 September 2005 — IKEA/OHIM

Applicant(s): Apple Computer,
sented by: P. Rawlinson, S. Jones, J. Rutter, solicitors]

Inc.

(Cupertino, USA) [repre-

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party/parties to the proceedings before the Board of Appeal:
TKS-Teknosoft S.A. (Treplex, Switzerland)

Form of order sought

— Annulment of the Decision of the Fourth Board of Appeal

No. R 416/2004-4;

— Annulment of the Decision of the Opposition Division No.

851/2004; and

— Order the opponent to pay the costs incurred by the appli-
cant/appellant
in connection with this appeal and the
appeal before the Board of Appeal and the opposition
before the Opposition Division.

(Case T-331/05)

(2005/C 281/53)

Language of the case: English

Parties

Applicant(s): Inter IKEA Systems B.V. (Delft, The Netherlands)
[represented by: J. Gulliksson, J. Olsson, lawyers]

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Form of order sought

— Annul the Decision of the First Board of Appeal of July 1,

2005 in case R 799/2004-1, and

Pleas in law and main arguments

— Order OHIM to pay the costs.

Applicant for the Community trade mark: The applicant

Community trade mark concerned: Figurative mark QUARTZ for
goods in class 9 (application No 1 421 130)

Proprietor of the mark or sign cited in the opposition proceedings:
TKS-Teknosoft S.A.

Pleas in law and main arguments

Community trade mark concerned: A figurative mark consisting of
the colour combination blue and yellow for goods and services
in classes 20 and 35 (furniture, advertising etc.) — application
No 3 160 363

Mark or sign cited: Figurative Community trade mark QUARTZ
for goods in classes 9 and 42

Decision of the examiner: Refusal of the application for all goods
and services

Decision of the Opposition Division: Opposition upheld for all the
contested goods

Decision of the Board of Appeal: Dismissal of the appeal

Decision of
appeal

the Board of Appeal: Dismissal of the applicant's

Pleas in law: Infringement of Article 8(1)(b) of Council Regu-
lation No 40/94 as there is no likelihood of confusion amongst
the relevant public between the two conflicting trade marks.
The Opposition Division and the Board of Appeal erred in

Pleas in law: Infringement of Article 7(1)(b) and Article 7(3) of
Council Regulation No 40/94 as the trade mark is sufficiently
distinctive per se to be registrable and further has acquired
distinctiveness through use in Germany, the Netherlands and
Sweden.