CELEX: 62006TJ0096
Language: en
Date: 2008-09-10
Title: Judgment of the Court of First Instance (Fifth Chamber) of 10 September 2008. # Tsakiris-Mallas AE v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark exē - Earlier national word mark EXE - Relative ground for refusal - Likelihood of confusion - Similarity of goods and signs - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-96/06.

Judgment of the Court of First Instance (Fifth Chamber) of 10 September 2008 – Tsakiris-Mallas v OHIM – Late Editions (exē)
      (Case T-96/06)
      Community trade mark – Opposition proceedings – Application for Community figurative mark exē – Earlier national word mark EXE – Relative ground for refusal – Likelihood of confusion – Similarity of goods and signs – 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 para. 40)
      
      Re: 
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 11 January 2006 (Case R 1127/2004-2) concerning
                  opposition proceedings between Late Editions Ltd and Tsakiris-Mallas EPE (now Tsakiris-Mallas AE).
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Tsakiris-Mallas AE
            
         
               Community trade mark sought:
            
            
               Figurative mark exē for goods in Classes 18 and 25 – Application No 2190015
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Late Editions Ltd
            
         
               Mark or sign cited in opposition:
            
            
               National word mark EXE for goods in Class 25
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld in respect of some of the products
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Tsakiris-Mallas AE to pay the costs.