(Case T-88/05)

Community trade mark – Opposition proceedings – Application for the figurative Community trade mark NARS – Earlier figurative national marks including the word element MARS – Relative ground for refusal – Likelihood of confusion – Absence of similarity between the signs – Article 8(1)(b) of Regulation (EC) 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 69-71)

Re:

ACTION for annulment of the decision of the Second Board of Appeal of OHIM of 17 December 2004 (Case R 379/2004-2) relating to opposition proceedings between Quelle AG and Nars Cosmetics, Inc.

Information relating to the case

Applicant for the Community trade mark:

Nars Cosmetics, Inc.

Community trade mark sought:

Figurative mark ‘NARS’ for goods in Classes 3, 18 and 25 – Application No 1333657

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

Mark or sign cited in opposition:

National figurative mark ‘MARS’ for goods in Class 25

Decision of the Opposition Division:

Opposition dismissed

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

Dismisses the action;

Orders the applicant to pay the costs.