Judgment of the Court of First Instance of 13 April 2005 in Case T-353/02 Duarte y Beltrán SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for Community word mark INTEA — Earlier national word marks INTESA — Refusal of registration — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2005-06-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, household article, jewellery and goldsmith's articles, leather, teaching materials, trade-mark law

25.6.2005

EN

Official Journal of the European Union

C 155/13

2. Orders the applicant to pay the costs.

JUDGMENT OF THE COURT OF FIRST INSTANCE

(1) OJ C 274 of 9.11.2002.

of 19 April 2005

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 13 April 2005

in Case T-353/02 Duarte y Beltrán SA v Office for Harmo-
nisation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark INTEA — Earlier national
word marks INTESA — Refusal of registration — Relative
ground for refusal — Article 8(1)(b) of Regulation (EC) No
40/94)

(2005/C 155/25)

(Language of the case: Spanish)

In Case T-353/02: Duarte y Beltrán SA, established in
Santander (Spain), represented initially by N. Moya Fernandez,
and subsequently by J. Calderón Chavero and T. Villate
Consonni, lawyers, against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (Agents: M.
Schneider and P. Jurado Montejano), the other party to the
proceedings before the Board of Appeal of OHIM being Mirato
SpA, established in Novara (Italy) — action against the decision
of the Second Board of Appeal of OHIM of 6 August 2002
(Case R 407/2001-2)
concerning opposition proceedings
between Duarte y Beltrán SA and Mirato SpA — the Court
(Second Chamber), composed of
J.
Forwood and I. Pelikánová, Judges; B. Pastor, Assistant Regis-
trar, has given a judgment on 13 April 2005, in which it:

J. Pirrung, President, N.

1. Dismisses the action.

2. Orders the applicant to pay the costs.

(1) JO C 44 of 22.2.2003.

in Joined Cases T-380/02 and T-128/03: Success-Marketing
Unternehmensberatungsgesellschaft mbH v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Application for restitutio in inte-
grum — Conditions governing notification of decisions and
communications by OHIM — Facsimile transmission)

(2005/C 155/26)

(Language of the case: German)

In Joined Cases T-380/02 and T-128/03 Success-Marketing
Unternehmensberatungsgesellschaft mbH, established in Linz
(Austria), represented by G. Secklehner and C. Ofner, avocats,
with an address for service in Luxembourg v Office for Harmo-
nisation in the Internal Market
(Trade Marks and Designs)
(OHIM) (Agent: J. Weberndörfer and G. Schneider), the other
party to the proceedings before the Board of Appeal of OHIM,
intervening before the Court of First Instance in Case T-128/
03, being Chipita International SA, established in Athens
(Greece), represented by P. Hoffmann, avocat — actions for
annulment brought, first, against the decision of the First Board
of Appeal of OHIM of 26 September 2002 (Case R 26/2001-1)
rejecting the application by the applicant for restitutio in inte-
grum and, secondly, of the decision of 13 February 2003 and/
or the decision of 13 March 2003 of the First Board of Appeal
concerning opposition
of OHIM (Case R 1124/2000-1)
proceedings between Success-Marketing Unternehmensbera-
tungsgesellschaft mbH and Chipita International SA, — the
Court of First
Instance (Fifth Chamber), composed of M.
Vilaras, President, M. E. Martins Ribeiro and K. Jürimäe, Judges;
I. Natsinas, Administrator, for the Registrar, gave a judgment
on 19 April 2005, in which it:

1. Dismisses the actions;

2. Orders the applicant to pay its own costs as well as those incurred
by the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM);