(Case T-100/06)

Community trade mark – Opposition proceedings – Application for Community word mark ATOZ – Earlier international word mark ARTOZ – No requirement to provide evidence of genuine use – Starting point for the five-year time-limit – Date of registration of the earlier mark – Article 43(2) and (3) of Regulation (EC) No 40/94 – Likelihood of confusion – Article 8(1)(b) of Regulation No 40/94 – Obligation to state the reasons on which the decision is based – Articles 73 and 79 of Regulation No 40/94 and Article 6 of the ECHR

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 11 January 2006 (Case R 1126/2004-2), concerning opposition proceedings between Artoz Papier AG and Deepak Rajani.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Word mark ATOZ for services in Classes 35 and 41 – Application No 1319961

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

Artoz-Papier AG

Mark or sign cited in opposition:

International word mark ARTOZ for services in Classes 35 and 41

Decision of the Opposition Division:

Opposition upheld

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Deepak Rajani to pay the costs.