Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Sixth Chamber) of 19 November 2008 – Galderma v OHIM – Lelas (Nanolat)**

**(Case T-6/07)**

Community trade mark – Opposition proceedings – Application for the Community word mark Nanolat – Earlier national word mark TANNOLACT – No 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 49-50)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 25 October 2006 (Case R 146/2006-4) relating to opposition proceedings between Galderma SA and Mr Tihomir Lelas. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Tihomir Lelas |
| Community trade mark sought: | Word mark Nanolat for goods in Classes 1, 3 and 5 – Application No 3088986 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Galderma SA |
| Mark or sign cited in opposition: | German Word mark TANNOLACT for goods in Class 5 |
| Decision of the Opposition Division: | Rejection of the opposition |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Galderma SA to pay the costs. |

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