CELEX: C2006/224/30
Language: en
Date: 2006-09-16 00:00:00
Title: Case C-324/05 P: Order of the Court (Fourth Chamber) of 1 June 2006 — Plus Warenhandelsgesellschaft mbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Article 8(1)(b) of Regulation (EC) No 40/94 — Likelihood of confusion — Application for mixed word and figurative mark containing the verbal element Turkish Power — Opposition by the holder of the earlier word mark POWER — Rejection of the opposition — Appeal manifestly inadmissible or manifestly unfounded)

16.9.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 224/17
            
         Order of the Court (Fourth Chamber) of 1 June 2006 — Plus Warenhandelsgesellschaft mbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   (Case C-324/05 P) (1)
   
   (Appeal - Community trade mark - Article 8(1)(b) of Regulation (EC) No 40/94 - Likelihood of confusion - Application for mixed word and figurative mark containing the verbal element ‘Turkish Power’ - Opposition by the holder of the earlier word mark POWER - Rejection of the opposition - Appeal manifestly inadmissible or manifestly unfounded)
   (2006/C 224/30)
   Language of the case: German
   Parties
   
      Appellant: Plus Warenhandelsgesellschaft mbH (represented by: B. Piepenbrink, avocat)
   
      Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
   Re:
   Appeal brought against the judgment of the Court of First Instance (Fourth Chamber) of 22 June 2005 in Case T-34/04 Plus Warenhandelsgesellschaft mbH v OHIM by which the Court of First Instance rejected the application for annulment of the decision of the Second Board of Appeal of OHIM rejecting the appeal brought by the appellant, proprietor of the trade mark ‘POWER’, against the decision of the Opposition Division rejecting the opposition filed against the application for registration of the figurative mark ‘TURKISH POWER’ — Likelihood of confusion between trade marks
   Operative part of the order
   
               1.
            
            
               The appeal is dismissed.
            
         
               2.
            
            
               Plus Warenhandelsgesellschaft mbH is ordered to pay the costs.
            
         
      (1)  OJ C 296, 26.11.2005.