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Order of the Court (Fourth Chamber) of 1 June 2006. # Plus Warenhandelsgesellschaft mbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Article 8(1)(b) of Regulation (EC) No 40/94 - Likelihood of confusion - Application for mixed word and figurative mark containing the verbal element 'Turkish Power' - Opposition by the holder of the earlier word mark POWER - Rejection of the opposition - Appeal manifestly inadmissible or manifestly unfounded. # Case C-324/05 P.
ECLI:EU:C:2006:368
62005CO0324
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(Case C-324/05 P)
Appeal – Community trade mark – Article 8(1)(b) of Regulation (EC) No 40/94 – Likelihood of confusion – Application for mixed word and figurative mark containing the word element ‘Turkish Power’ – Opposition by the proprietor of the earlier word mark POWER – Rejection of the opposition – Appeal manifestly inadmissible or manifestly unfounded)
Re:
APPEAL brought against the judgment of the Court of First Instance (Fourth Chamber) of 22 June 2005 in Case T-34/04 Plus Warenhandelsgesellschaft mbH v OHIM, by which the Court of First Instance rejected the application for the annulment of the decision of the Second Board of Appeal of OHIM rejecting the appeal brought by the appellant, proprietor of the trade mark ‘POWER’, against the decision of the Opposition Division rejecting the opposition filed against the application for registration of the figurative mark ‘TURKISH POWER’ – Likelihood of confusion between trade marks
Operative part:
The Court :
1.Dismisses the appeal;
2.Orders Plus Warenhandelsgesellschaft mbH to pay the costs.