Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Eighth Chamber) of 26 November 2008 – Rajani v OHIM – Artoz-Papier (ATOZ)**

**(Case T-100/06)**

Community trade mark – Opposition proceedings – Application for Community word mark ATOZ – Earlier international word mark ARTOZ – No requirement to provide evidence of genuine use – Starting point for the five-year time-limit – Date of registration of the earlier mark – Article 43(2) and (3) of Regulation (EC) No 40/94 – Likelihood of confusion – Article 8(1)(b) of Regulation No 40/94 – Obligation to state the reasons on which the decision is based – Articles 73 and 79 of Regulation No 40/94 and Article 6 of the ECHR

1.                     *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 35, 43-45, 49)*

2.                     *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 – Likelihood
of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 65-66)*

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 11 January 2006 (Case R 1126/2004-2), concerning opposition proceedings between Artoz Papier AG and Deepak Rajani. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Deepak Rajani |
| Community trade mark sought: | Word mark ATOZ for services in Classes 35 and 41 – Application No 1319961 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Artoz-Papier AG |
| Mark or sign cited in opposition: | International word mark ARTOZ for services in Classes 35 and 41 |
| Decision of the Opposition Division: | Opposition upheld |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Deepak Rajani to pay the costs. |

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