Community Trade Marks: MOBILIX - not even OBILIX could shift this one.
In Case T-336/03, Les Éditions Albert René v OHIM [2005] EUECJ T-336/03 (27 Oct 2005) the Court of First Instance had before it an application for annulment from a disappointed opponent, for a change. The opponent had failed before the Oppositions Division but actually managed to persuade the Board of Appeal to reject the registration in respect of some specified goods. Background The mark in question was the word MOBILIX. Orange A/S ought to register that mark in classes 9, 16, 35, 37, 38 and 42 for a large variety of goods and services ranging from telecommunications apparatus and calling cards to answering services and installation services. The opponents, publishers of the well-known "Asterix" books, opposed the application on the grounds of earlier mark under art 8 (1) (b) of the CTM Regulation and earlier mark with a reputation in the Community under art 8 (5). The registration on which they relied was OBILIX which they had registered for a variety of goods in classes ...