Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Third Chamber) of 8 November 2007 – Charlott v OHIM – Charlo (Charlott France Entre
Luxe et Tradition)**

**(Case T-169/06)**

Community trade mark – Opposition proceedings – Application for figurative Community trade mark Charlott France Entre Luxe et Tradition – Earlier figurative national mark Charlot – Genuine use of the earlier mark – Article 43(2) and (3) of Regulation (EC) No 40/94

Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark (Council Regulation No 40/94, Art. 43(2) and (3) (see paras 37, 64)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 24 April 2006 (Case R 223/2005‑2) concerning opposition proceedings between Charlo – Confecções para Homens, Artigos de Lã e Outros SA and Charlott SARL. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Charlott SARL |
| Community trade mark sought: | Figurative mark Charlott France Entre Luxe et Tradition for goods in Class 25 – Application No 1853274 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Charlo – Confecções para Homens, Artigos de Lã e Outros SA |
| Mark or sign cited in opposition: | National figurative mark Charlot for goods in Class 25 |
| Decision of the Opposition Division: | Rejection of the opposition |
| Decision of the Board of Appeal: | Decision of the Opposition Division set aside |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Charlott SARL to pay the costs, except those incurred by the intervener; |

|  |  |  |
| --- | --- | --- |
| 3. |  | Orders Charlo – Confecções para Homens, Artigos de Lã e Outros SA to bear its own costs. |

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