(Case T-130/09)

Community trade mark – Opposition proceedings – Application for Community figurative mark incorporating the word eliza – Earlier Community word mark ELISE – Relative grounds for refusal – Likelihood of confusion – Refusal of registration – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

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 25, 43)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 28 July 2008 (Case R 1244/2008-4) relating to opposition proceedings between Went Computing Consultancy Group BV and Eliza Corp.

Information relating to the case

Applicant for the Community trade mark:

Eliza Corporation

Community trade mark sought:

Figurative mark eliza, for goods and services in Classes 9, 37 and 42

Proprietor of the mark or sign cited in the opposition proceedings:

Went Computing Consultancy Group BV

Mark or sign cited in opposition:

Community trade mark registration of the word mark ELISE for goods and services in Classes 9, 16, 35 and 42

Decision of the Opposition Division:

Opposition upheld

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Eliza Corporation to bear its own costs and to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and by Went Computing Consultancy Group BV.