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Case T-363/06: Judgment of the Court of First Instance of 9 September 2008 — Honda Motor Europe v OHIM — Seat (MAGIC SEAT) (Community trade mark — Opposition proceedings — Application for Community word mark MAGIC SEAT — Earlier national figurative trade mark SEAT — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
ECLI:EU:UNKNOWN:62006TA0363
62006TA0363
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25.10.2008
Official Journal of the European Union
C 272/24
(Case T-363/06)
(Community trade mark - Opposition proceedings - Application for Community word mark MAGIC SEAT - Earlier national figurative trade mark SEAT - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)
(2008/C 272/45)
Language of the case: English
Parties
Applicant: Honda Motor Europe Ltd (Slough, Berkshire, United Kingdom) (represented by: S. Malynicz, Barrister, and N. Cordell, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Laitinen and A. Folliard Monguiral, Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Seat SA (Barcelona, Spain)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 7 September 2006 (Case R 960/2005-1) relating to opposition proceedings between Seat SA and Honda Motor Europe Ltd.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Honda Motor Europe Ltd to pay the costs.
* * *
(<span class="super">1</span>) OJ C 20, 27.1.2007.