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Judgment of the Court of First Instance (Seventh Chamber) of 10 December 2008. # Dada SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (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 No 40/94. # Case T-101/07.
ECLI:EU:T:2008:561
62007TJ0101
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(Case T-101/07)
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 No 40/94
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.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Figurative mark DADA for services in Class 42 – Application No 1903111
Proprietor of the mark or sign cited in the opposition proceedings:
Dada Srl
Mark or sign cited in opposition:
Italian word mark DADA, for services in Classes 35, 37, 38 and 42, and the company name DADA, used in business in Italy to identify the following activities: ‘management of commercial affairs, commercial administration, office work, real estate, telecommunications, education, training, legal services, computer programming’
Decision of the Opposition Division:
Opposition upheld; registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders Dada SpA to pay the costs.