CELEX: 62004TJ0392
Community trade mark
Opposition proceedings
Application for the Community figurative trade mark MANŪ MANU MANU
Earlier national word mark MANOU
Refusal to register
Scope and correction of the decision of the Board of Appeal
Restriction of the application for registration
Partial withdrawal of the opposition
Legal interest in bringing opposition proceedings
Proof of use of the earlier mark
Scope of the proof of use
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 June 2004 (Case R 154/2002-4), relating to
opposition proceedings between Norma Lebensmittelfilialbetrieb GmbH & Co. KG and Salvatore Gagliardi.
Information relating to the case
Applicant for the Community trade mark:
Salvatore Gagliardi
Community trade mark sought:
Figurative mark MANŪ MANU MANU for goods in Classes 18, 24 and 25 – Application No  1021690
Proprietor of the mark or sign cited in the opposition proceedings:
Norma Lebensmittelfilialbetrieb GmbH & Co. KG
Mark or sign cited in opposition:
German Word mark MANOU for goods in Class 25
Decision by the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Appeal upheld; application for registration dismissed
Operative part
The Court:

Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) of 15 June 2004 (Case R 154/2002-4) in so far as it refuses the application for registration of the mark MANŪ
MANU MANU, first, for ‘footwear’ and ‘headgear’ in Class 25 and second, for goods in Classes 18 and 24;

Dismisses the remainder of the action;

Orders OHIM to bear its own costs and a third of those incurred by the applicant;

Orders the applicant, Salvatore Gagliardi, to bear two thirds of its own costs;

Orders the intervener, Norma Lebensmittelfilialbetrieb GmbH & Co. KG, to bear its own costs.