Official Journal of the European Union

C 285/36

Judgment of the Court of First Instance of 24 September 2008 — Oakley v OHIM — Venticinque (O STORE)

(Case T-116/06) (1)

(Community trade mark - Invalidity proceedings - Community word mark O STORE - Earlier national word mark THE O STORE - Comparison of services provided in connection with retail trade with corresponding goods - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 40/94 - Application for alteration made by the intervener - Article 134(3) of the Rules of Procedure of the Court of First Instance)

(2008/C 285/64)

Language of the case: English


Applicant: Oakley, Inc. (One Icon, Foothill Ranch, United States) (represented by: M. Huth-Dierig and M. Nentwig, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Venticinque Ltd (Hailsham, East Sussex, United Kingdom) (represented by: D. Caneva, lawyer)


Action brought against the decision of the First Board of Appeal of OHIM of 17 January 2006 (Joined Cases R 682/2004-1 and R 685/2004-1) concerning invalidity proceedings between Venticinque Ltd and Oakley, Inc.

Operative part of the judgment

The Court:


Dismisses the action;


Orders Oakley, Inc., to pay the costs, except those incurred by the intervener;


Orders Venticinque Ltd to pay its own costs.

(1)  OJ C 154, 1.7.2006.