Language of document :

Judgment of the Court of First Instance of 10 September 2008 - Tsakiris-Mallas AE v OHIM - Late Editions (exē)

(Case T-96/06) 1

(Community trade mark - Opposition proceedings - Application for Community figurative mark exē - Earlier national word mark EXE - Relative ground for refusal - Likelihood of confusion - Similarity of goods and signs - Article 8(1)(b) of Regulation (EC) No 40/94)

Language of the case: Greek

Parties

Applicant: Tsakiris-Mallas AE (Athens, Greece) (represented by: C.Samaras, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Late Editions Ltd (Leighton Buzzard, Bedfordshire, United Kingdom)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 11 January 2006 (Case R 1127/2004-2) concerning opposition proceedings between Late Editions Ltd and Tsakiris-Mallas EPE (now Tsakiris-Mallas AE).

Operative part of the judgment

The Court:

1.    dismisses the action;

2.    orders Tsakiris-Mallas AE to pay the costs.

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1 - OJ 2006 C 108.