# C_2006331EN.01003701.xml

| 30.12.2006 | EN | Official Journal of the European Union | C 331/37 |
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30.12.2006

EN

Official Journal of the European Union

C 331/37

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Judgment of the Court of First Instance of 14 December 2006 — Gagliardi v OHIM — Norma Lebensmittelfilialbetrieb (MANŪ MANU MANU)

(Case T-392/04) (1)

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(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)

(2006/C 331/81)

Language of the case: Italian

Parties

Applicant: Salvatore Gagliardi (Monsummano Terme, Italy) (represented by: A. Schmitt, P. Biavati, S. Corona, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Buffolo, Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance: Norma Lebensmittelfilialbetrieb GmbH & Co. KG (Nuremburg, Germany) (represented by: S. Rojahn, lawyer)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance:

Re:

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.

Operative part of the judgment

The Court:

| 1. | 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; |
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1.

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;

| 2. | Dismisses the remainder of the action; |
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2.

Dismisses the remainder of the action;

| 3. | Orders OHIM to bear its own costs and a third of those incurred by the applicant; |
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3.

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

| 4. | Orders the applicant, Salvatore Gagliardi, to bear two thirds of its own costs; |
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4.

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

| 5. | Orders the intervener, Norma Lebensmittelfilialbetrieb GmbH & Co. KG, to bear its own costs. |
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5.

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

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(1)  OJ C 284, 20.11.2004.

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