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Case C-197/07 P: Order of the Court (Eighth Chamber) of 12 December 2008 — Aktieselskabet af 21. november 2001 v Office for Harmonisation in the Internal Market (Trade Marks and Designs), TDK Kabushiki Kaisha (TDK Corp.) (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(5) — Reputation — Taking unfair advantage of the distinctive character or the repute of the earlier mark — Application for registration as a Community trade mark of the word mark TDK — Opposition by the proprietor of the Community and national word and figurative marks TDK — Refusal to register)
ECLI:EU:UNKNOWN:62007CB0197
62007CB0197
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Official Journal of the European Union
C 69/10
(Case C-197/07 P)
(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(5) - Reputation - Taking unfair advantage of the distinctive character or the repute of the earlier mark - Application for registration as a Community trade mark of the word mark ‘TDK’ - Opposition by the proprietor of the Community and national word and figurative marks TDK - Refusal to register)
(2009/C 69/16)
Language of the case: English
Parties
Applicant: Aktieselskabet af 21. november 2001 (represented by: C. Barrett Christiansen, advokat)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent), TDK Kabushiki Kaisha (TDK Corp.) (represented by: A. Norris, Barrister)
Re:
Appeal brought against the judgment of the First Chamber of the Court of First Instance of 6 February 2007 in Case T-477/04 Aktieselskabet af 21. November 2001 v OHIM dismissing as unfounded an action brought by the applicant for the word mark ‘TDK’ for goods in Class 25 against Decision R 364/2003-1 of the First Board of Appeal of OHIM of 7 October 2004 rejecting the appeal brought against the Opposition Division refusing registration of that mark in the context of opposition proceeding brought by the proprietor of the Community and national word and figurative marks ‘TDK’
Operative part of the order
1.The appeal is dismissed.
(<span class="super">1</span>) OJ C 129, 9.6.2007.