14.10.2006   

EN

Official Journal of the European Union

C 249/1


Order of the Court (Fourth Chamber) of 27 April 2006 — L'Oréal SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Revlon (Switzerland) SA

(Case C-235/05 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Similarity between two trade marks - Likelihood of confusion - Application for Community trade mark FLEXI AIR - Earlier word mark FLEX - Refusal to register)

(2006/C 249/01)

Language of the case: English

Parties

Applicant: L'Oréal SA (represented by: X. Buffet Delmas d'Autane, avocat)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: G. Schneider, Agent), Revlon (Switzerland) SA

Re:

Appeal against the judgment of the Court of First Instance (Second Chamber) of 16 March 2005 in Case T-112/03 L'Oréal SA v OHIM, dismissing as unfounded an application brought by the applicant for the Community word mark FLEXI AIR for goods in Class 3 for the annulment of decision R 0396/2001-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 15 January 2003, dismissing the appeal against the decision of the Opposition Division refusing registration of that mark in opposition proceedings brought by the proprietor of the national word marks FLEX for goods in Classes 3 and 34

Operative part of the order

1.

The appeal is dismissed;

2.

L'Oréal SA is ordered to pay the costs.


(1)  OJ C 205, 20.8.2005.