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

(Case T-6/07)

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

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 49-50)

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.

Information relating to the case

Applicant for the Community trade mark:	Tihomir Lelas
Community trade mark sought:	Word mark Nanolat for goods in Classes 1, 3 and 5 – Application No 3088986
Proprietor of the mark or sign cited in the opposition proceedings:	Galderma SA
Mark or sign cited in opposition:	German Word mark TANNOLACT for goods in Class 5
Decision of the Opposition Division:	Rejection of the opposition
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Galderma SA to pay the costs.