(Case T-47/06)

Community trade mark – Opposition proceedings – Application for Community figurative mark nasdaq – Earlier Community word mark NASDAQ – Relative ground for refusal – Reputation – Article 8(5) of Regulation (EC) No 40/94

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 enjoying a reputation (Council Regulation No 40/94, Art. 8(5)) (see para. 61)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 7 December 2005 (Case R 752/2004-2), relating to opposition proceedings between The Nasdaq Stock Market, Inc. and Antartica Srl.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Figurative mark nasdaq for goods in Classes 9, 12, 14, 25 and 28

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

The Nasdaq Stock Market, Inc.

Mark or sign cited in opposition:

Community word mark NASDAQ for goods in Classes 9, 16, 35, 36, 38 et 42, and the earlier trade mark NASDAQ, generally recognised in all the Member States of the European Union

Decision of the Opposition Division:

Opposition dismissed

Decision of the Board of Appeal:

Decision of the Opposition Division set aside and application for registration dismissed

Operative part

The Court:

Dismisses the action;

Orders Antartica Srl to pay the costs.