Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 2.8.2008 | EN | Official Journal of the European Union | C 197/22 |

---

Judgment of the Court of First Instance of 25 June 2008 — Zipcar, Inc. v OHIM — Canary Islands Car (ZIPCAR)

(Case T-36/07)[(1)](#ntr1-C_2008197EN.01002202-E0001)

(Community trade mark - Opposition proceedings - Application for the Community word mark ZIPCAR - Earlier national word mark CICAR - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 197/38)

Language of the case: English

Parties

Applicant: Zipcar, Inc. (Cambridge, Massachusetts, United States) (represented by: M. Elmslie, Solicitor, and N. Saunders, Barrister,)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Canary Islands Car, SL (San Bartolome, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 30 November 2006 (case R 122/2006-2) relating to opposition proceedings between Canary Islands Car, SL and Zipcar, Inc.

Operative part of the judgment

The Court:

|  |  |
| --- | --- |
| 1. | Dismisses the action. |

|  |  |
| --- | --- |
| 2. | Orders Zipcar, Inc. to pay the costs. |

---

[Top](#document1)