Case T-328/05: Judgment of the Court of First Instance of 1 July 2008 — Apple Computer v OHIM — TKS-Teknosoft (QUARTZ) (Community trade mark — Opposition proceedings — Application for Community word mark QUARTZ — Earlier Community figurative mark QUARTZ — Relative ground for refusal — Likelihood of confusion — Similarity between goods — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2008-07-01
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), software, trade-mark law

C 209/46

EN

Official Journal of the European Union

15.8.2008

2. orders The Coffee Store GmbH to pay the costs.

Judgment of the Court of First Instance of 9 July 2008 —
Audi v OHIM (Vorsprung durch Technik)

(1) OJ C 281, 12.11.2005.

(Case T-70/06) (1)

Judgment of the Court of First Instance of 1 July 2008 —
Apple Computer v OHIM — TKS-Teknosoft (QUARTZ)

(Case T-328/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark QUARTZ — Earlier Com-
munity figurative mark QUARTZ — Relative ground for
refusal — Likelihood of confusion — Similarity between
goods — Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 209/79)

Language of the case: English

Parties

Applicant: Apple Computer, Inc. (Cupertino, California (United-
States) (represented by: P. Rawlinson, S. Jones, J. Rutter and T.M.
D'Souza Culora, solicitors)

(Community trade mark — Application for Community word
mark Vorsprung durch Technik — Absolute ground for
refusal — Lack of distinctive character — Article 7(1)(b) of
Regulation (EC) No 40/94 — Partial refusal to register the
mark by the examiner — Right to a fair hearing)

(2008/C 209/80)

Language of the case: German

Parties

Applicant: Audi AG (Ingolstadt, Germany) (represented by: S.O.
Gillert and F. Schiwek, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: G. Schneider, acting
as Agent)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: J. García Murillo,
Agent)

Re:

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: TKS-Teknosoft SA
(Trélex, Switzerland) (represented by: C. Moreau, T. van Innis
and K. Manhaeve, lawyers)

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 27 April 2005 (Case R 416/2004-4)
relating to opposition proceedings between TKS-Teknosoft SA
and Apple Computer, Inc.

Operative part of the judgment

The Court:

1. Dismisses the action

2. Orders Apple Computer Inc. to pay the costs.

Action brought against the decision of the Second Board of
Appeal of OHIM of 16 December 2005 (Case R 237/2005-2)
dismissing in part the appeal against the examiner's decision
refusing registration of the word mark Vorsprung durch Technik
for goods and services in Classes 9, 12, 14, 25, 28, 37 to 40
and 42

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Audi AG to bear its own costs and to pay those incurred by
the Office for Harmonisation in the Internal Market (Trade Marks
and Designs).

(1) OJ C 281, 18.11.2005.

(1) OJ C 96, 22.4.2006.