Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fifth Chamber) of 22 May 2008 – NewSoft Technology v OHIM – Soft (Presto! BizCard
Reader)**

**(Case T-205/06)**

Community trade mark – Invalidity proceedings – Community word mark Presto! BizCard Reader – Earlier national figurative marks Presto – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94

Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity – Existence of an identical or similar earlier trade 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 65-67)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 19 May 2006 (Case R 601/2005‑2) relating to invalidity proceedings between Soft, SA and NewSoft Technology Corp. |

**Information relating to the case**

|  |  |
| --- | --- |
| Registered Community trade mark of which cancellation sought: | Word mark Presto! BizCard Reader for goods and services in Classes 9, 16 and 42 – Application No 2625457 |
| Proprietor of the Community trade mark: | NewSoft Technology Corp. |
| Party bringing the action for cancellation: | Soft, SA |
| Trade marks of the applicant for cancellation: | Spanish figurative mark Presto for goods and services in Classes 9 and 42 |
| Decision of the Cancellation Division: | Community trade mark cancelled |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders NewSoft Technology Corp. to pay the costs. |

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