Action brought on 26 March 2007 - Dada v OHIM - Dada (DADA)

(Case T -101/07)

Language in which the application was lodged: Italian

Parties

Applicant: Dada SpA (Florence, Italy) (represented by: D. Caneva and G. Locurto, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Dada Srl

Form of order sought

annul the decision of the First Board of Appeal of OHIM of 12 June 2007 in Case R-1342/2005-1, notified to Dada SpA on 25 June 2007, and consequently allow application for registration No 1 903 111 lodged by Dada SpA also in respect of the services referred to in Class 42 of the Nice Agreement;

order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Dada SpA

Community trade mark concerned: Figurative mark composed of the word DADA reproduced in capital letters on a rectangular black background surmounted by the image of an atom; registration No 1 903 111 in respect of services in Class 42.

Proprietor of the mark or sign cited in the opposition proceedings: DADA Srl

Mark or sign cited in opposition: Italian descriptive mark DADA, in respect of services in Classes 35, 37, 38 and 42, and the company name DADA, used in trade and commerce in Italy to denote the following activities: 'business management; business administration; office functions, real-estate affairs, telecommunications, education, training, legal services, computer programming'.

Decision of the Opposition Division: Opposition upheld and refusal of the application for registration for the services at issue.

Decision of the Board of Appeal: Contested decision upheld and dismissal of the appeal.

Pleas in law: Insufficient evidence of use of the national mark pleaded by the opponent and absence of likelihood of confusion.

____________