Order of the Court (Sixth Chamber) of 10 July 2009 — Apple Computer Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), TKS-Teknosoft SA

(Case C-416/08 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Word mark QUARTZ - Opposition by the proprietor of the Community figurative mark QUARTZ - Refusal to register - Similarity between goods - Likelihood of confusion - Appeal clearly inadmissible)

2009/C 282/32

Language of the case: English

Parties

Appellant: Apple Computer Inc. (represented by: M. Hart and N. Kearley, Solicitors)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo, Agent), TKS-Teknosoft SA

Re:

Appeal against the judgment of the Court of First Instance (Third Chamber) of 1 July 2008 in Case T-328/05 Apple Computer v OHIM, by which the Court dismissed the action brought by the applicant for the figurative mark ‘QUARTZ’ in respect of goods in classe 9 against decision R 416/2004-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 27 April 2005 dismissing the appeal brought against the decision of the Opposition Division partially refusing registration of that mark in opposition proceedings brought by the proprietor of the Community figurative mark ‘QUARTZ’ in respect of services in classes 9 and 42.

Operative part of the order

(1)  OJ C 301, 22.11.2008.

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