CELEX: 62005TJ0088
Language: en
Date: 2007-02-08
Title: Judgment of the Court of First Instance (Fourth Chamber) of 8 February 2007. # Quelle AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the figurative Community trade mark NARS - Earlier figurative national marks including the word element MARS - Relative ground for refusal - Likelihood of confusion - Absence of similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-88/05.

Judgment of the Court of First Instance (Fourth Chamber) of 8 February 2007 – Quelle v OHIM – Nars Cosmetics (NARS)
      (Case T-88/05)
      Community trade mark – Opposition proceedings – Application for the figurative Community trade mark NARS – Earlier figurative national marks including the word element MARS – Relative ground for refusal – Likelihood of confusion – Absence of similarity between the signs – Article 8(1)(b) of Regulation (EC) 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 69-71)
      
      Re:
      
         ACTION for annulment of the decision of the Second Board of Appeal of OHIM of 17 December 2004 (Case R 379/2004-2) relating
                  to opposition proceedings between Quelle AG and Nars Cosmetics, Inc.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Nars Cosmetics, Inc.
            
         
               Community trade mark sought:
            
            
               Figurative mark ‘NARS’ for goods in Classes 3, 18 and 25 – Application No 1333657
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Quelle AG
            
         
               Mark or sign cited in opposition:
            
            
               National figurative mark ‘MARS’ for goods in Class 25
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                   
               
               
                  
               
               
                  Orders the applicant to pay the costs.