Source: EURLEX
Language: en
Format: md

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| 23.6.2007 | EN | Official Journal of the European Union | C 140/22 |

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Judgment of the Court of First Instance of 10 May 2007 — Antartica v OHIM — Nasdaq Stock Market (nasdaq)

(Case T-47/06)[(1)](#ntr1-C_2007140EN.01002201-E0001)

(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)

(2007/C 140/37)

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:

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| 1. | Dismisses the action; |

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| 2. | Orders the applicant to pay the costs. |

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