Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fifth Chamber) of 25 June 2008 – Otto v OHIM – L’Altra Moda (l’Altra Moda)**

**(Case T-224/06)**

Community trade mark – Opposition proceedings – Application for the Community figurative mark l’Altra Moda – Earlier national figurative mark Alba Moda – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Article 73 and Article 74(1) and (2) of Regulation 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
(Council Regulation No 40/94, Art. 8(1)(b)) (see paras 32-36, 46)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 16 June 2006 (Case R 793/2005-2) relating to opposition proceedings between Otto GmbH & Co. KG and l’Altra Moda SpA. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | L’Altra Moda SpA |
| Community trade mark sought: | Figurative mark l’Altra Moda for goods in Classes 3, 18 and 25 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Otto GmbH & Co. KG |
| Mark or sign cited in opposition: | National figurative mark Alba Moda for goods in Class 25 |
| 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 Otto GmbH & Co. KG to bear its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and of l’Altra Moda SpA. |

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