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Order of the Court (Seventh Chamber) of 9 March 2007. # Alecansan SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeals - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Application for registration of a figurative mark - Opposition of the proprietor of an earlier national figurative mark - Likelihood of confusion - None - No similarity between the goods and services covered by the conflicting trade marks. # Case C-196/06 P.
ECLI:EU:C:2007:159
62006CO0196
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(Case C‑196/06 P)
Appeal – Community trade mark – Regulation (EC) No 40/94 − Article 8(1)(b) − Application for registration of a figurative mark – Opposition of the proprietor of an earlier national figurative mark – Likelihood of confusion − None – No similarity between the goods and services covered by the conflicting trade marks
Re:
Appeal against the judgment of the Court of First Instance (First Chamber) of 7 February 2006 in Case T-202/03 Alecansan v OHIM by which the Court of First Instance dismissed an action brought by the proprietor of the national figurative mark ‘COMP USA’ in respect of goods in Class 39 for annulment of Decision R 711/2002-1 of the First Board of Appeal of OHIM of 24 March 2003 dismissing the appeal against the decision of the Opposition Division rejecting the opposition lodged against the application for registration of the figurative Community trade mark ‘COMP USA’ in respect of goods in Classes 9 and 37 – Similarity between the marks – Infringement of Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).
Operative part:
The appeal is dismissed.
Alecansan SL is ordered to pay the costs.