Language of document :

Judgment of the Court of First Instance of 19 November 2008 - Galderma v OHIM - Lelas (Nanolat)

(Case T-6/07) 1

(Community trade mark - Opposition proceedings - Application for the Community word mark Nanolat - Earlier national word mark TANNOLACT - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

Language of the case: German

Parties

Applicant: Galderma SA (Cham, Switzerland) (represented by: N. Hebeis, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Tihomir Lelas (Zagreb, Croatia) (represented by: H.-J. Omsels, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 25 October 2006 (Case R 146/2006-4) relating to opposition proceedings between Galderma SA and Mr Tihomir Lelas

Operative part of the judgment

The Court:

1.    dismisses the action;

2.    orders Galderma SA to pay the costs.

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1 - OJ C 56, 10.3.2007.