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Case T-36/07: Judgment of the Court of First Instance of 25 June 2008 — Zipcar, Inc. v OHIM — Canary Islands Car (ZIPCAR) (Community trade mark — Opposition proceedings — Application for the Community word mark ZIPCAR — Earlier national word mark CICAR — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
ECLI:EU:UNKNOWN:62007TA0036
62007TA0036
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Official Journal of the European Union
(Case T-36/07) (*)
(Community trade mark - Opposition proceedings - Application for the Community word mark ZIPCAR - Earlier national word mark CICAR - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)
(2008/C 197/38)
Language of the case: English
Parties
Applicant: Zipcar, Inc. (Cambridge, Massachusetts, United States) (represented by: M. Elmslie, Solicitor, and N. Saunders, Barrister,)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Canary Islands Car, SL (San Bartolome, Spain)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 30 November 2006 (case R 122/2006-2) relating to opposition proceedings between Canary Islands Car, SL and Zipcar, Inc.
Operative part of the judgment
The Court:
1.Dismisses the action.
2.Orders Zipcar, Inc. to pay the costs.
* * *
(*) Language of the case: English.
ECLI:EU:C:2008:197
(2008/C 197/38)