ECLI:EU:T:2008:241

Judgment of the Court of First Instance (Eighth Chamber) of 2 July 2008 – Stradivarius España v OHIM – Ricci (Stradivari 1715) (Case T-340/06) Community trade mark – Opposition proceedings – Application for Community figurative mark Stradivari 1715 – Earlier Community figurative Stradivarius trade marks – Relative ground for refusal – Likelihood of confusion – 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 – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 51-57, 60-61) Re: ACTION brought against the decision of the Board of Appeal of OHIM of 7 September 2006 (Case R 1024/2005-1) concerning opposition proceedings between Stradivarius España, SA and Cristina Ricci. Information relating to the case Applicant for the Community trade mark: Cristina Ricci Community trade mark sought: Figurative mark Stradivari 1715 for goods in Classes 14, 16 and 18 – Application No 2269256 Proprietor of the mark or sign cited in the opposition proceedings: Stradivarius España, SA Mark or sign cited in opposition: Community figurative mark Stradivarius for goods in Classes 14, 16 (No 1246164) and 18 (No 506469) 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 Stradivarius España, SA to pay the costs.