Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 5.7.2008 | EN | Official Journal of the European Union | C 171/40 |

---

Action brought on 29 April 2008 — Frag Comercio Internacional v OHIM — Tinkerbell Modas (GREEN by missako)

(Case T-162/08)

(2008/C 171/78)

Language in which the application was lodged: English

Parties

Applicant: Frag Comercio Internacional, SL (Esparraguera, Spain) (represented by: E. Sugrañes, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Tinkerbell Modas, Ltda (São Paulo, Brazil)

Form of order sought

|  |  |
| --- | --- |
| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 February 2008 in case R 1527/2006-2; |

|  |  |
| --- | --- |
| — | reject the application for Community trade mark No 3 663 234; and |

|  |  |
| --- | --- |
| — | order the other party to the proceedings before the Board of Appeal to pay the costs. |

Pleas in law and main arguments

Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark ‘GREEN by missako’ for goods and services in classes 3, 25, 35 — application No 3 663 234

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: The Community figurative trade mark ‘MI SA KO’ for goods in classes 18 and 25; the national figurative trade mark ‘MI SA KO’ for services in class 35

Decision of the Opposition Division: Dismissal of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as a mere global likelihood of confusion among consumers is required in order to deny a Community trade mark application.

---

[Top](#document1)