CELEX: 62006TJ0224
Language: en
Date: 2008-06-25
Title: Judgment of the Court of First Instance (Fifth Chamber) of 25 June 2008. # Otto GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community figurative mark l’Altra Moda - Earlier national figurative mark Alba Moda - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Article 73 and Article 74(1) and (2) of Regulation No 40/94. # Case T-224/06.

Judgment of the Court of First Instance (Fifth Chamber) of 25 June 2008 – Otto v OHIM – L’Altra Moda (l’Altra Moda)
      (Case T-224/06)
      Community trade mark – Opposition proceedings – Application for the Community figurative mark l’Altra Moda – Earlier national figurative mark Alba Moda – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Article 73 and Article 74(1) and (2) of Regulation No 40/94
      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
         (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 32-36, 46)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 16 June 2006 (Case R 793/2005-2) relating to
                  opposition proceedings between Otto GmbH & Co. KG and l’Altra Moda SpA.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               L’Altra Moda SpA
            
         
               Community trade mark sought:
            
            
               Figurative mark l’Altra Moda for goods in Classes 3, 18 and 25
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Otto GmbH & Co. KG
            
         
               Mark or sign cited in opposition:
            
            
               National figurative mark Alba Moda for goods in Class 25
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Otto GmbH & Co. KG to bear its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks
                     and Designs) (OHIM) and of l’Altra Moda SpA.