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Case T-116/06: Judgment of the Court of First Instance of 24 September 2008 — Oakley v OHIM — Venticinque (O STORE) (Community trade mark — Invalidity proceedings — Community word mark O STORE — Earlier national word mark THE O STORE — Comparison of services provided in connection with retail trade with corresponding goods — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 40/94 — Application for alteration made by the intervener — Article 134(3) of the Rules of Procedure of the Court of First Instance)
ECLI:EU:UNKNOWN:62006TA0116
62006TA0116
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Official Journal of the European Union
C 285/36
(Case T-116/06)
(Community trade mark - Invalidity proceedings - Community word mark O STORE - Earlier national word mark THE O STORE - Comparison of services provided in connection with retail trade with corresponding goods - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 40/94 - Application for alteration made by the intervener - Article 134(3) of the Rules of Procedure of the Court of First Instance)
(2008/C 285/64)
Language of the case: English
Parties
Applicant: Oakley, Inc. (One Icon, Foothill Ranch, United States) (represented by: M. Huth-Dierig and M. Nentwig, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Venticinque Ltd (Hailsham, East Sussex, United Kingdom) (represented by: D. Caneva, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 17 January 2006 (Joined Cases R 682/2004-1 and R 685/2004-1) concerning invalidity proceedings between Venticinque Ltd and Oakley, Inc.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Oakley, Inc., to pay the costs, except those incurred by the intervener;
3.Orders Venticinque Ltd to pay its own costs.
(<span class="super">1</span>) OJ C 154, 1.7.2006.