Order of the Court (Fifth Chamber) of 29 June 2006 — Creative Technology Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) José Vila Ortiz

(Case C-314/05 P) (1)

(Appeal - Community trade mark - Article 8(1)(b) of Regulation (EC) No 40/94 - Likelihood of confusion - Application for Community word mark ‘PC WORKS’ - Opposition by the proprietor of the national figurative mark ‘W WORK PRO’ - Appeal in part clearly inadmissible and in part clearly unfounded)

(2006/C 294/33)

Language of the case: English

Parties

Applicant: Creative Technology Ltd (represented by: S. Jones and P. Rawlinson, Solicitors)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: S. Laitinen, Agent) José Vila Ortiz

Re:

Appeal against the judgment of the Court of First Instance (Fourth Chamber) of 25 May 2005 in Case T-352/02 Creative Technology Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) dismissing as unfounded an action brought by the applicant for the Community trade mark PC WORKS for products in Class 9 for the annulment of decision R 265/2001-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 4 September 2002 dismissing the appeal against the decision of the Opposition Division refusing to register that trade mark in opposition proceedings brought by the holder of the national figurative mark W WORK PRO for products in Class 9

Operative part of the order

(1)  OJ C 296, 26.11.2005.