CELEX: 62006TJ0100
Language: en
Date: 2008-11-26
Title: Judgment of the Court of First Instance (Eighth Chamber) of 26 November 2008. # Deepak Rajani v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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 a measure is based - Articles 73 and 79 of Regulation No 40/94 and Article 6 of the ECHR. # Case T-100/06.

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.