(Case T-224/06)

Community trade mark – Opposition proceedings – Application for the Community figurative mark l’Altra Moda – Earlier national figurative mark Alba Moda – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Article 73 and Article 74(1) and (2) of Regulation No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 32-36, 46)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 16 June 2006 (Case R 793/2005-2) relating to opposition proceedings between Otto GmbH & Co. KG and l’Altra Moda SpA.

Information relating to the case

Applicant for the Community trade mark:

L’Altra Moda SpA

Community trade mark sought:

Figurative mark l’Altra Moda for goods in Classes 3, 18 and 25

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition:

National figurative mark Alba Moda for goods in Class 25

Decision of the Opposition Division:

Opposition dismissed

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Otto GmbH & Co. KG to bear its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and of l’Altra Moda SpA.