Judgment of the Court of First Instance of 8 February 2007 - Quelle v OHIM - Nars Cosmetics (NARS)
(Community trade mark - Opposition proceedings - Application for the figurative Community trade mark NARS - Earlier figurative national marks including the word element MARS - Relative ground for refusal - Likelihood of confusion - Absence of similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94)
Language of the case: English
Parties
Applicant: Quelle AG (Fürth, Germany) (represented by: H. Lindner, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Laitinen and A. Folliard Monguiral, Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Nars Cosmetics, Inc. (New York, United States) (represented by: M. de Justo Bailey, lawyer)
Re:
Action for annulment of the decision of the Second Board of Appeal of OHIM of 17 December 2004 (Case R 379/2004-2) relating to opposition proceedings between Quelle AG and Nars Cosmetics, Inc.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders the applicant to pay the costs.
____________1 - OJ C 155, 25.6.2005.