CELEX: 62007TJ0101
Language: en
Date: 2008-12-10
Title: Judgment of the Court of First Instance (Seventh Chamber) of 10 December 2008. # Dada SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for a figurative Community trade mark DADA - Earlier national word mark DADA - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Genuine use of the earlier trade mark - Article 43(2) and (3) of Regulation No 40/94. # Case T-101/07.

Judgment of the Court of First Instance (Seventh Chamber) of 10 December 2008 – Dada v OHIM –Dada (DADA)
      (Case T-101/07)
      Community trade mark – Opposition proceedings – Application for a figurative Community trade mark DADA – Earlier national word mark DADA – Relative grounds for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Genuine use of the earlier trade mark – Article 43(2) and (3) of Regulation No 40/94
      1.                     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 46-48)
      2.                     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 29-31)
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 12 January 2007 (Case R 1342/2005-1) relating
                  to opposition proceedings between Dada Srl and Dada SpA.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Dada SpA
            
         
               Community trade mark sought:
            
            
               Figurative mark DADA for services in Class 42 – Application No 1903111
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Dada Srl
            
         
               Mark or sign cited in opposition:
            
            
               Italian word mark DADA, for services in Classes 35, 37, 38 and 42, and the company name DADA, used in business in Italy to
                  identify the following activities: ‘management of commercial affairs, commercial administration, office work, real estate,
                  telecommunications, education, training, legal services, computer programming’
               
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld; registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Dada SpA to pay the costs.