Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Third Chamber) of 1 July 2008 – Apple Computer v OHIM – TKS-Teknosoft (QUARTZ)**

**(Case T-328/05)**

Community trade mark – Opposition proceedings – Application for Community word mark QUARTZ – Earlier Community figurative mark QUARTZ – Relative ground for refusal – Likelihood of confusion – Similarity between goods – Article 8(1)(b) of Regulation (EC) No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
(Council Regulation No 40/94, Art. 8(1)(b)) (see paras 56, 58-60)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 27 April 2005 (Case R 416/2004-4) relating to opposition proceedings between TKS-Teknosoft SA and Apple Computer, Inc. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Apple Computer, Inc. |
| Community trade mark sought: | Word mark QUARTZ for goods in Class 9 – Application No 1421130 |
| Proprietor of the mark or sign cited in the opposition proceedings: | TKS-Teknosoft SA |
| Mark or sign cited in opposition: | Community figurative mark QUARTZ for goods in Classes 9 and 42 |
| Decision of the Opposition Division: | Opposition upheld in respect of all the goods at issue |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Apple Computer Inc. to pay the costs. |

[Top](#document1)