Judgment of the Court of First Instance (Third Chamber) of 8 November 2007 – Charlott v OHIM – Charlo (Charlott France Entre Luxe et Tradition)
(Case T-169/06)
Community trade mark – Opposition proceedings – Application for figurative Community trade mark Charlott France Entre Luxe et Tradition – Earlier figurative national mark Charlot – Genuine use of the earlier mark – Article 43(2) and (3) of Regulation (EC) No 40/94
Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark (Council Regulation No 40/94, Art. 43(2) and (3) (see paras 37, 64)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 24 April 2006 (Case R 223/2005‑2) concerning opposition proceedings between Charlo – Confecções para Homens, Artigos de Lã e Outros SA and Charlott SARL. |
Information relating to the case
Applicant for the Community trade mark: | Charlott SARL |
Community trade mark sought: | Figurative mark Charlott France Entre Luxe et Tradition for goods in Class 25 – Application No 1853274 |
Proprietor of the mark or sign cited in the opposition proceedings: | Charlo – Confecções para Homens, Artigos de Lã e Outros SA |
Mark or sign cited in opposition: | National figurative mark Charlot for goods in Class 25 |
Decision of the Opposition Division: | Rejection of the opposition |
Decision of the Board of Appeal: | Decision of the Opposition Division set aside |
Operative part
The Court:
2. | | Orders Charlott SARL to pay the costs, except those incurred by the intervener; |
3. | | Orders Charlo – Confecções para Homens, Artigos de Lã e Outros SA to bear its own costs. |