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Case T-175/06: Judgment of the Court of First Instance of 18 June 2008 — Coca-Cola v OHIM — San Polo (MEZZOPANE) (Community trade mark — Opposition proceedings — Application for Community figurative trade mark MEZZOPANE — Earlier national word marks MEZZO and MEZZOMIX — Article 8(1)(b) of Regulation (EC) No 40/94 — No likelihood of confusion)
ECLI:EU:UNKNOWN:62006TA0175
62006TA0175
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Official Journal of the European Union
(Case T-175/06) (*)
(Community trade mark - Opposition proceedings - Application for Community figurative trade mark MEZZOPANE - Earlier national word marks MEZZO and MEZZOMIX - Article 8(1)(b) of Regulation (EC) No 40/94 - No likelihood of confusion)
(2008/C 197/35)
Language of the case: Italian
Parties
Applicant: The Coca-Cola Company (Atlanta, Georgia, United States) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and L. Rampini, Agents)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: San Polo Srl (Montalcino, Italy) (represented by: G. Casucci and F. Luciani, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 5 April 2006 (Case R 99/2005-1) concerning opposition proceedings between The Coca-Cola Company and San Polo Srl.
Operative part of the judgment
The Court:
1.Dismisses the action.
2.Orders The Coca-Cola Company to pay the costs.
(*)
OJ C 212 of 2.9.2006.
* * *
Language of the case: Italian