CELEX: 62006TJ0047
Language: en
Date: 2007-05-10 00:00:00
Title: Judgment of the Court of First Instance (Fourth Chamber) of 10 May 2007. # Antartica Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark nasdaq - Earlier Community word mark NASDAQ - Relative ground for refusal - Reputation - Article 8(5) of Regulation (EC) No 40/94. # Case T-47/06.

Judgment of the Court of First Instance (Fourth Chamber) of 10 May 2007 – Antartica v OHIM – Nasdaq Stock Market (nasdaq)
      (Case T-47/06)
      Community trade mark – Opposition proceedings – Application for Community figurative mark nasdaq – Earlier Community word mark NASDAQ – Relative ground for refusal – Reputation – Article 8(5) 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 enjoying a reputation (Council Regulation No 40/94,
         Art. 8(5)) (see para. 61)
      
      Re: 
      
         ACTION brought against the decision of the Second Board of Appeal of OHIM of 7 December 2005 (Case R 752/2004-2), relating
                  to opposition proceedings between The Nasdaq Stock Market, Inc. and Antartica Srl.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Antartica Srl
            
         
               Community trade mark sought:
            
            
               Figurative mark nasdaq for goods in Classes 9, 12, 14, 25 and 28
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               The Nasdaq Stock Market, Inc.
            
         
               Mark or sign cited in opposition:
            
            
               Community word mark NASDAQ for goods in Classes 9, 16, 35, 36, 38 et 42, and the earlier trade mark NASDAQ, generally recognised
                  in all the Member States of the European Union
               
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Decision of the Opposition Division set aside and application for registration dismissed
            
         
      Operative part 
      The Court:
      
         
                   
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                   
               
               
                  
               
               
                  Orders Antartica Srl to pay the costs.