(Case T-340/06)

Community trade mark – Opposition proceedings – Application for Community figurative mark Stradivari 1715 – Earlier Community figurative Stradivarius trade marks – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) 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 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 51-57, 60-61)

Re:

ACTION brought against the decision of the Board of Appeal of OHIM of 7 September 2006 (Case R 1024/2005-1) concerning opposition proceedings between Stradivarius España, SA and Cristina Ricci.

Information relating to the case

Applicant for the Community trade mark:

Cristina Ricci

Community trade mark sought:

Figurative mark Stradivari 1715 for goods in Classes 14, 16 and 18 – Application No 2269256

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

Mark or sign cited in opposition:

Community figurative mark Stradivarius for goods in Classes 14, 16 (No 1246164) and 18 (No 506469)

Decision of the Opposition Division:

Opposition dismissed

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Stradivarius España, SA to pay the costs.