CELEX: 62005TJ0328
Language: en
Date: 2008-07-01 00:00:00
Title: Judgment of the Court of First Instance (Third Chamber) of 1 July 2008. # Apple Computer, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark QUARTZ - Earlier Community figurative mark QUARTZ - Relative ground for refusal - Likelihood of confusion - Similarity between goods - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-328/05.

Judgment of the Court of First Instance (Third Chamber) of 1 July 2008 – Apple Computer v OHIM – TKS-Teknosoft (QUARTZ)
      (Case T-328/05)
      Community trade mark – Opposition proceedings – Application for Community word mark QUARTZ – Earlier Community figurative mark QUARTZ – Relative ground for refusal – Likelihood of confusion – Similarity between goods – Article 8(1)(b) of Regulation (EC) No 40/94
      Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
         (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 56, 58-60)
      
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 27 April 2005 (Case R 416/2004-4) relating to
                  opposition proceedings between TKS-Teknosoft SA and Apple Computer, Inc.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Apple Computer, Inc.
            
         
               Community trade mark sought:
            
            
               Word mark QUARTZ for goods in Class 9 – Application No 1421130
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               TKS-Teknosoft SA
            
         
               Mark or sign cited in opposition:
            
            
               Community figurative mark QUARTZ for goods in Classes 9 and 42
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld in respect of all the goods at issue
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Apple Computer Inc. to pay the costs.