CELEX: 62007TJ0006
Language: en
Date: 2008-11-19 00:00:00
Title: Judgment of the Court of First Instance (Sixth Chamber) of 19 November 2008. # Galderma SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community word mark Nanolat - Earlier national word mark TANNOLACT - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-6/07.

Judgment of the Court of First Instance (Sixth Chamber) of 19 November 2008 – Galderma v OHIM – Lelas (Nanolat)
      (Case T-6/07)
      Community trade mark – Opposition proceedings – Application for the Community word mark Nanolat – Earlier national word mark TANNOLACT – No likelihood of confusion – Article 8(1)(b) 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 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 49-50)
      
      Re: 
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 25 October 2006 (Case R 146/2006-4) relating
                  to opposition proceedings between Galderma SA and Mr Tihomir Lelas.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Tihomir Lelas
            
         
               Community trade mark sought:
            
            
               Word mark Nanolat for goods in Classes 1, 3 and 5 – Application No 3088986
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Galderma SA
            
         
               Mark or sign cited in opposition:
            
            
               German Word mark TANNOLACT for goods in Class 5
            
         
               Decision of the Opposition Division:
            
            
               Rejection of the opposition
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Galderma SA to pay the costs.