Judgment of the Court of First Instance (Seventh Chamber) of 10 December 2008 – Dada v OHIM –Dada (DADA)
(Case T-101/07)
Community trade mark – Opposition proceedings – Application for a figurative Community trade mark DADA – Earlier national word mark DADA – Relative grounds for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Genuine use of the earlier trade mark – Article 43(2) and (3) of Regulation No 40/94
1. 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 paras 46-48)
2. Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark (Council Regulation No 40/94, Art. 43(2) and (3)) (see paras 29-31)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 12 January 2007 (Case R 1342/2005-1) relating to opposition proceedings between Dada Srl and Dada SpA. |
Information relating to the case
Applicant for the Community trade mark: | Dada SpA |
Community trade mark sought: | Figurative mark DADA for services in Class 42 – Application No 1903111 |
Proprietor of the mark or sign cited in the opposition proceedings: | Dada Srl |
Mark or sign cited in opposition: | Italian word mark DADA, for services in Classes 35, 37, 38 and 42, and the company name DADA, used in business in Italy to identify the following activities: ‘management of commercial affairs, commercial administration, office work, real estate, telecommunications, education, training, legal services, computer programming’ |
Decision of the Opposition Division: | Opposition upheld; registration refused |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
2. | | Orders Dada SpA to pay the costs. |