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Order of the Court (Fifth Chamber) of 29 June 2006. # Creative Technology Ltd 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 Community word mark 'PC WORKS' - Opposition by the proprietor of the national figurative mark 'W WORK PRO' - Appeal in part clearly inadmissible and in part clearly unfounded. # Case C-314/05 P.
ECLI:EU:C:2006:441
62005CO0314
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(Case C-314/05 P)
Appeal – Community trade mark – Article 8(1)(b) of Regulation (EC) No 40/94 – Likelihood of confusion – Application for Community word mark ‘PC WORKS’ – Opposition by the proprietor of the national figurative mark ‘W WORK PRO’ – Appeal in part clearly inadmissible and in part clearly unfounded
Re:
APPEAL brought against the judgment of the Court of First Instance (Fourth Chamber) of 25 May 2005 in Case T‑352/02 Creative Technology v OHIM, dismissing as unfounded an action brought by the applicant for the Community trade mark ‘PC WORKS’ for goods in Class 9 against decision R 265/2001‑4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 4 September 2002 dismissing the appeal against the decision of the Opposition Division refusing to register that trade mark in opposition proceedings brought by the holder of the national figurative mark ‘W WORK PRO’ for goods in Class 9.
Operative part
The Court:
1.Dismisses the appeal;
2.Orders Creative Technology Ltd to pay the costs.