Judgment of the Court of First Instance (Fourth Chamber) of 8 February 2007 – Quelle v OHIM – Nars Cosmetics (NARS)
(Case T-88/05)
Community trade mark – Opposition proceedings – Application for the figurative Community trade mark NARS – Earlier figurative national marks including the word element MARS – Relative ground for refusal – Likelihood of confusion – Absence of similarity between the 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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 69-71)
Re:
| ACTION for annulment of the decision of the Second Board of Appeal of OHIM of 17 December 2004 (Case R 379/2004-2) relating to opposition proceedings between Quelle AG and Nars Cosmetics, Inc. |
Information relating to the case
Applicant for the Community trade mark: | Nars Cosmetics, Inc. |
Community trade mark sought: | Figurative mark ‘NARS’ for goods in Classes 3, 18 and 25 – Application No 1333657 |
Proprietor of the mark or sign cited in the opposition proceedings: | Quelle AG |
Mark or sign cited in opposition: | National figurative mark ‘MARS’ for goods in Class 25 |
Decision of the Opposition Division: | Opposition dismissed |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
1. |
| Dismisses the action; |
2. |
| Orders the applicant to pay the costs. |