Source: EURLEX
Language: en
Format: md

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| 14.4.2007 | EN | Official Journal of the European Union | C 82/36 |

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Judgment of the Court of First Instance of 8 February 2007 — Quelle v OHIM — Nars Cosmetics (NARS)

(Case T-88/05)[(1)](#ntr1-C_2007082EN.01003602-E0001)

(Community trade mark - Opposition proceedings - Application for the figurative Community trade mark NARS - Earlier figurative national marks including the word element MARS - Relative ground for refusal - Likelihood of confusion - Absence of similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94)

(2007/C 82/80)

Language of the case: English

Parties

Applicant: Quelle AG (Fürth, Germany) (represented by: H. Lindner, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Laitinen and A. Folliard Monguiral, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Nars Cosmetics, Inc. (New York, United States) (represented by: M. de Justo Bailey, lawyer)

Re:

Action for annulment of the decision of the Second Board of Appeal of OHIM of 17 December 2004 (Case R 379/2004-2) relating to opposition proceedings between Quelle AG and Nars Cosmetics, Inc.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders the applicant to pay the costs. |

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