ECLI:EU:T:2008:221

Judgment of the Court of First Instance (Fifth Chamber) of 25 June 2008 – Otto v OHIM – L’Altra Moda (l’Altra Moda) (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: Otto GmbH & Co. KG 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.