Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fifth Chamber) of 10 September 2008 – Tsakiris-Mallas v OHIM – Late Editions (exē)**

**(Case T-96/06)**

Community trade mark – Opposition proceedings – Application for Community figurative mark exē – Earlier national word mark EXE – Relative ground for refusal – Likelihood of confusion – Similarity of goods and signs – Article 8(1)(b) of Regulation (EC) No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
– Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 40)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 11 January 2006 (Case R 1127/2004-2) concerning opposition proceedings between Late Editions Ltd and Tsakiris-Mallas EPE (now Tsakiris-Mallas AE). |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Tsakiris-Mallas AE |
| Community trade mark sought: | Figurative mark exē for goods in Classes 18 and 25 – Application No 2190015 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Late Editions Ltd |
| Mark or sign cited in opposition: | National word mark EXE for goods in Class 25 |
| Decision of the Opposition Division: | Opposition upheld in respect of some of the products |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Tsakiris-Mallas AE to pay the costs. |

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