CELEX: 62008CB0394
Language: en
Date: 2009-06-03 00:00:00
Title: Case C–394/08 P: Order of the Court (Fifth Chamber) of 3 June 2009 — Zipcar, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Article 8(1)(b) of Regulation (EC) No 40/94 — Word mark ZIPCAR — Opposition by the proprietor of the national word mark CICAR)

12.9.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 220/17
            
         Order of the Court (Fifth Chamber) of 3 June 2009 — Zipcar, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   (Case C–394/08 P) (1)
   
   (Appeal - Community trade mark - Article 8(1)(b) of Regulation (EC) No 40/94 - Word mark ZIPCAR - Opposition by the proprietor of the national word mark CICAR)
   2009/C 220/29
   Language of the case: English
   
      Parties
   
   
      Appellant: Zipcar, Inc. (represented by: M. Elmslie, Solicitor)
   
      Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
   
      Re:
   
   Appeal against the judgment of the Court of First Instance (Eighth Chamber) of 25 June 2008 in Case T-36/07 Zipcar v OHIM dismissing an action for annulment brought by the applicant for registration of the word mark ‘ZIPCAR’ for goods in Classes 9, 39 and 42 against decision R 122/2006-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 30 November 2006 rejecting the action against the decision of the Opposition Division partially refusing registration of that mark in opposition proceedings brought by the holder of the national word mark ‘CICAR’ for services in Class 39
   
      Operative part of the order
   
   
               1.
            
            
               The appeal is dismissed.
            
         
               2.
            
            
               Zipcar Inc. is ordered to pay the costs.
            
         
      (1)  OJ C 285, 8.11.2008.