Judgment of the Court of First Instance (Third Chamber) of 1 July 2008 – Apple Computer v OHIM – TKS-Teknosoft (QUARTZ)

(Case T-328/05)

Community trade mark – Opposition proceedings – Application for Community word mark QUARTZ – Earlier Community figurative mark QUARTZ – Relative ground for refusal – Likelihood of confusion – Similarity between goods – Article 8(1)(b) of Regulation (EC) No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Absolute 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 56, 58-60)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 27 April 2005 (Case R 416/2004-4) relating to opposition proceedings between TKS-Teknosoft SA and Apple Computer, Inc.

Information relating to the case

Applicant for the Community trade mark:	Apple Computer, Inc.
Community trade mark sought:	Word mark QUARTZ for goods in Class 9 – Application No 1421130
Proprietor of the mark or sign cited in the opposition proceedings:	TKS-Teknosoft SA
Mark or sign cited in opposition:	Community figurative mark QUARTZ for goods in Classes 9 and 42
Decision of the Opposition Division:	Opposition upheld in respect of all the goods at issue
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Apple Computer Inc. to pay the costs.