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Case T-224/06: Judgment of the Court of First Instance of 25 June 2008 — Otto v OHIM (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)
ECLI:EU:UNKNOWN:62006TA0224
62006TA0224
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Official Journal of the European Union
C 197/21
(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)
(2008/C 197/36)
Language of the case: Italian
Parties
Applicant: Otto GmbH & Co. KG (Hamburg, Germany) (represented by: C. Rohnke and M. Munz, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and P. Bullock, Agents)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: L'Altra Moda SpA (Rome, Italy) (represented by: A. Masetti Zannini de Concina and M. Bucarelli, lawyers)
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.
Operative part of the judgment
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.
* * *
(<span class="super">1</span>) OJ C 281, 18.11.2006.