CELEX: 62007CA0320
Language: en
Date: 2009-03-12 00:00:00
Title: Case C-320/07 P: Judgment of the Court (First Chamber) of 12 March 2009 — Antartica Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs), The Nasdaq Stock Market Inc. (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(5) — Refusal to register — Earlier trade mark of repute NASDAQ — Figurative sign nasdaq — Use of the earlier mark for goods and services allegedly offered free of charge — Taking unfair advantage of the distinctive character or the repute of the earlier mark — Relevant public)

16.5.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 113/7
            
         Judgment of the Court (First Chamber) of 12 March 2009 — Antartica Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs), The Nasdaq Stock Market Inc.
   (Case C-320/07 P) (1)
   
   (Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(5) - Refusal to register - Earlier trade mark of repute NASDAQ - Figurative sign ‘nasdaq’ - Use of the earlier mark for goods and services allegedly offered free of charge - Taking unfair advantage of the distinctive character or the repute of the earlier mark - Relevant public)
   2009/C 113/12
   Language of the case: English
   
      Parties
   
   
      Appellant: Antartica Srl (represented by: E. Racca and A. Fusillo, avvocati)
   
      Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent), The Nasdaq Stock Market Inc. (represented by: J. van Manen and J. Hofhuis, advocaten)
   
      Re:
   
   Appeal against the judgment of the Court of First Instance (Fourth Chamber) of 10 May 2007 in Case T-47/06 Antartica v OHIM by which that Court dismissed as unfounded an action brought by the applicant for registration of the figurative trade mark ‘nasdaq’ in respect of goods in Classes 9, 12, 14, 25 and 28 against Decision R752/2004-2 of the Second Board of Appeal of OHIM of 7 December 2005 setting aside the Opposition Division’s decision which rejected the opposition brought by the proprietor of the Community and national word marks ‘NASDAQ’ in respect of goods in Classes 9, 16, 35, 36, 38 and 42 — Interpretation of Article 8(5) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1)
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the appeal;
            
         
               2.
            
            
               Orders Antartica Srl to pay the costs.
            
         
      (1)  OJ C 211, 8.9.2007.