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Case T-101/07: Judgment of the Court of First Instance of 10 December 2008 — Dada v OHIM (Community trade mark — Opposition proceedings — Application for a figurative Community trade mark DADA — Earlier national word mark DADA — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 — Genuine use of the earlier trade mark — Article 43(2) and (3) of Regulation (EC) No 40/94)
ECLI:EU:UNKNOWN:62007TA0101
62007TA0101
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Official Journal of the European Union
C 32/30
(Case T-101/07)(<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for a figurative Community trade mark DADA - Earlier national word mark DADA - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Genuine use of the earlier trade mark - Article 43(2) and (3) of Regulation (EC) No 40/94)
(2009/C 32/56)
Language of the case: Italian
Parties
Applicant: Dada SpA (Florence, Italy) (represented by: D. Caneva and G. Locurto, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Sempio, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Dada Srl (Udine, Italy) (represented by: M. Cartella and M. Fazzini, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 12 January 2007 (Case R 1342/2005-1) relating to opposition proceedings between Dada Srl and Dada SpA.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Dada SpA to pay the costs.
(<span class="super">1</span>) OJ C 129, 9.6.2007.
ECLI:EU:C:2009:32