Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Eighth Chamber) of 2 July 2008 – Stradivarius España v OHIM – Ricci (Stradivari 1715)**

**(Case T-340/06)**

Community trade mark – Opposition proceedings – Application for Community figurative mark Stradivari 1715 – Earlier Community figurative Stradivarius trade marks – Relative ground for refusal – Likelihood of confusion – 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 paras 51-57, 60-61)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Board of Appeal of OHIM of 7 September 2006 (Case R 1024/2005-1) concerning opposition proceedings between Stradivarius España, SA and Cristina Ricci. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Cristina Ricci |
| Community trade mark sought: | Figurative mark Stradivari 1715 for goods in Classes 14, 16 and 18 – Application No 2269256 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Stradivarius España, SA |
| Mark or sign cited in opposition: | Community figurative mark Stradivarius for goods in Classes 14, 16 (No 1246164) and 18 (No 506469) |
| Decision of the Opposition Division: | Opposition dismissed |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Stradivarius España, SA to pay the costs. |

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