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Case T-96/06: Judgment of the Court of First Instance of 10 September 2008 — Tsakiris-Mallas AE v OHIM — Late Editions (exē) (Community trade mark — Opposition proceedings — Application for Community figurative mark exē — Earlier national word mark EXE — Relative ground for refusal — Likelihood of confusion — Similarity of goods and signs — Article 8(1)(b) of Regulation (EC) No 40/94)
ECLI:EU:UNKNOWN:62006TA0096
62006TA0096
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25.10.2008
Official Journal of the European Union
C 272/20
(Case T-96/06)
(Community trade mark - Opposition proceedings - Application for Community figurative mark exē - Earlier national word mark EXE - Relative ground for refusal - Likelihood of confusion - Similarity of goods and signs - Article 8(1)(b) of Regulation (EC) No 40/94)
(2008/C 272/36)
Language of the case: Greek
Parties
Applicant: Tsakiris-Mallas AE (Athens, Greece) (represented by: C.Samaras, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D.Botis, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Late Editions Ltd (Leighton Buzzard, Bedfordshire, United Kingdom)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 11 January 2006 (Case R 1127/2004-2) concerning opposition proceedings between Late Editions Ltd and Tsakiris-Mallas EPE (now Tsakiris-Mallas AE).
Operative part of the judgment
The Court:
1.dismisses the action;
2.orders Tsakiris-Mallas AE to pay the costs.
(<span class="super">1</span>) OJ 2006 C 108.