CELEX: 62006TJ0205
Language: en
Date: 2008-05-22
Title: Judgment of the Court of First Instance (Fifth Chamber) of 22 May 2008. # NewSoft Technology Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Invalidity proceedings - Community word mark Presto! BizCard Reader - Earlier national figurative marks Presto - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94. # Case T-205/06.

Judgment of the Court of First Instance (Fifth Chamber) of 22 May 2008 – NewSoft Technology v OHIM – Soft (Presto! BizCard
            Reader)
      (Case T-205/06)
      Community trade mark – Invalidity proceedings – Community word mark Presto! BizCard Reader – Earlier national figurative marks Presto – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94
      Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity – Existence of an identical or similar earlier trade 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 65-67)
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 19 May 2006 (Case R 601/2005‑2) relating to invalidity
                  proceedings between Soft, SA and NewSoft Technology Corp.
               
            Information relating to the case
      
               Registered Community trade mark of which cancellation sought:
            
            
               Word mark Presto! BizCard Reader for goods and services in Classes 9, 16 and 42 – Application No 2625457
            
         
               Proprietor of the Community trade mark:
            
            
               NewSoft Technology Corp.
            
         
               Party bringing the action for cancellation:
            
            
               Soft, SA
            
         
               Trade marks of the applicant for cancellation:
            
            
               Spanish figurative mark Presto for goods and services in Classes 9 and 42
            
         
               Decision of the Cancellation Division:
            
            
               Community trade mark cancelled
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders NewSoft Technology Corp. to pay the costs.