(Case T-205/06)

Community trade mark – Invalidity proceedings – Community word mark Presto! BizCard Reader – Earlier national figurative marks Presto – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94

Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity – Existence of an identical or similar earlier trade 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 65-67)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 19 May 2006 (Case R 601/2005‑2) relating to invalidity proceedings between Soft, SA and NewSoft Technology Corp.

Information relating to the case

Registered Community trade mark of which cancellation sought:

Word mark Presto! BizCard Reader for goods and services in Classes 9, 16 and 42 – Application No 2625457

Proprietor of the Community trade mark:

Party bringing the action for cancellation:

Soft, SA

Trade marks of the applicant for cancellation:

Spanish figurative mark Presto for goods and services in Classes 9 and 42

Decision of the Cancellation Division:

Community trade mark cancelled

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders NewSoft Technology Corp. to pay the costs.