EU & Human Rights

Quelle v OHIM — Nars Cosmetics (NARS)

[2007] EUECJ T8805Court of Justice of the European Union (including the General Court)2007

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(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)

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by S. Laitinen and A. Folliard-Monguiral, acting as Agents,

the other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance, being

Nars Cosmetics, Inc., established in New York, New York (United States), represented by M. de Justo Bailey, lawyer,

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.,

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