# C_2004094EN.01004602.xml

| 17.4.2004 | EN | Official Journal of the European Union | C 94/46 |
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17.4.2004

EN

Official Journal of the European Union

C 94/46

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Action brought on 30 January 2004 by Athinaiki Oikogeniaki Artopoiia A.V.E.E. (S.A.) against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-35/04)

(2004/C 94/130)

Language of the case: to be determined pursuant to article 131(2) of the Rules of Procedure language in which the case was submitted: English

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 30 January 2004 by Athinaiki Oikogeniaki Artopoiia A.V.E.E. (S.A.), Pikermi, Attica, Greece, represented by Dr C. Chrissanthis, lawyer.

Ferrero oHG mbH was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

| — | Annul the contested decision and / or alter it accordingly so that the intervener's opposition be dismissed and the relevant CTM No. 1 010 099 application for registration effectively be accepted, |
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Annul the contested decision and / or alter it accordingly so that the intervener's opposition be dismissed and the relevant CTM No. 1 010 099 application for registration effectively be accepted,

| — | Reject definitely and in its entirety the opposition to registration of the mark applied in respect of all the classes where it was successful, |
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Reject definitely and in its entirety the opposition to registration of the mark applied in respect of all the classes where it was successful,

| — | Order the Office and the intervener to pay the costs, including those incurred in opposition proceedings and before the Board of Appeal. |
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Order the Office and the intervener to pay the costs, including those incurred in opposition proceedings and before the Board of Appeal.

Pleas in law and main arguments:

| Applicant for the Community trade mark: | The Applicant. |
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| Trade mark concerned: | Figurative trade mark ‘Ferró’ - Application No 1 1 010 099 for goods and services in classes 29, 30 and 42. |
| Proprietor of the opposing trade mark or sign: | Ferrero oHG mbH. |
| Opposing trade mark or sign: | Word trade mark ‘FERRERO’ (German trade mark registration No 956 671) for goods in classes 5, 29, 30, 32 and 33. |
| Decision of the Opposition Division: | Partial upholding of the opposition for the following goods in class 30: ‘Coffee, tea, sugar, artificial coffee, flour and preparation made from cereals, bread, biscuits, pastry and confectionery, ices, syrup, yeast, baking powder, all kinds of bread preparations, honey, treacle’. |
| Decision of the Board of Appeal: | Rejection of the appeal. |
| Pleas in law: | Infringement of Article 8(1)(b) of Council Regulation 44/94. |

Applicant for the Community trade mark:

The Applicant.

Trade mark concerned:

Figurative trade mark ‘Ferró’ - Application No 1 1 010 099 for goods and services in classes 29, 30 and 42.

Proprietor of the opposing trade mark or sign:

Ferrero oHG mbH.

Opposing trade mark or sign:

Word trade mark ‘FERRERO’ (German trade mark registration No 956 671) for goods in classes 5, 29, 30, 32 and 33.

Decision of the Opposition Division:

Partial upholding of the opposition for the following goods in class 30: ‘Coffee, tea, sugar, artificial coffee, flour and preparation made from cereals, bread, biscuits, pastry and confectionery, ices, syrup, yeast, baking powder, all kinds of bread preparations, honey, treacle’.

Decision of the Board of Appeal:

Rejection of the appeal.

Pleas in law:

Infringement of Article 8(1)(b) of Council Regulation 44/94.

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