# C_2004239EN.01001701.xml

| 25.9.2004 | EN | Official Journal of the European Union | C 239/17 |
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25.9.2004

EN

Official Journal of the European Union

C 239/17

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JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 30 June 2004

in Case T-107/02: GE Betz Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1)

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(Community trade mark - Opposition procedure - Earlier figurative mark - Application for Community word mark BIOMATE - Failure to produce evidence in the language of the opposition proceedings - Legitimate expectation - Rules 16, 17 and 18 of Regulation (EC) No 2868/95)

(2004/C 239/34)

Language of the case: English

In Case T-107/02: GE Betz Inc., formerly BetzDearborn Inc., whose registered office is in Trevose, Pennsylvania (United States of America), represented by G. Glas and K. Manhaeve, lawyers, with an address for service in Luxembourg, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: initially E. Joly and subsequently G. Schneider), the other party to the proceedings before the OHIM Board of Appeal, being Atofina Chemicals Inc., whose registered office is in Philadelphia, Pennsylvania (United States of America), represented by M. Edenborough, barrister, and M. Medyckyj, solicitor — action brought against the decision of the First Board of Appeal of OHIM of 17 January 2002 (Case R 1003/2000-1), relating to opposition proceedings between Atofina Chemicals Inc. and GE Betz Inc. — the Court of First Instance (Second Chamber), composed of N.J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges; J. Plingers, Administrator, for the Registrar, has given a judgment on 30 June 2004, in which it:

| 1. | Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 17 January 2002 (Case R 1003/2000-1) in so far as it annuls the decision of the Opposition Division of 7 September 2000, remits the case to the Opposition Division for further prosecution and orders each party to bear the costs which they have incurred in connection with the proceedings before the Board of Appeal; |
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1.

Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 17 January 2002 (Case R 1003/2000-1) in so far as it annuls the decision of the Opposition Division of 7 September 2000, remits the case to the Opposition Division for further prosecution and orders each party to bear the costs which they have incurred in connection with the proceedings before the Board of Appeal;

| 2. | Orders the Office to pay the costs incurred by the applicant, including those incurred by it in connection with the proceedings before the Board of Appeal; |
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2.

Orders the Office to pay the costs incurred by the applicant, including those incurred by it in connection with the proceedings before the Board of Appeal;

| 3. | Orders the intervener to bear its own costs. |
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3.

Orders the intervener to bear its own costs.

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(1)  OJ C 169 of 13.7.2002.

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