Case T-96/05: Judgment of the Court of First Instance of 4 October 2006 — Monte di Massima v OHIM — Höfferle Internationale (Valle della Luna) (Community trade mark — Opposition procedure — Application for figurative Community trade mark Valle della Luna — Earlier national figurative mark VALLE DE LA LUNA — Proof of use of the earlier mark — Article 15(2)(a), and Article 43(2) and (3) of Regulation (EC) No 40/94)
Date: 2006-11-18
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), beverage industry, trade-mark law, wine

C 281/34

EN

Official Journal of the European Union

18.11.2006

Judgment of the Court of First Instance of 6 September
2006 — DEF-TEC Defense Technology v OHIM —
Defense Technology (FIRST DEFENSE AEROSOL PEPPER
PROJECTOR)

Judgment of the Court of First Instance of 4 October 2006
— Monte di Massima v OHIM — Höfferle Internationale
(Valle della Luna)

(Case T-6/05) (1)

(Case T-96/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for figurative mark FIRST DEFENSE AEROSOL
PEPPER PROJECTOR — Relative ground for refusal —
Article 8(3) of Regulation (EC) No 40/94 — Existence of
trade mark proprietor's consent)

(Community trade mark — Opposition procedure — Appli-
cation for figurative Community trade mark Valle della Luna
— Earlier national figurative mark VALLE DE LA LUNA —
Proof of use of the earlier mark — Article 15(2)(a), and
Article 43(2) and (3) of Regulation (EC) No 40/94)

(2006/C 281/58)

Language of the case: English

(2006/C 281/59)

Language of the case: Italian

Parties

Parties

Applicant: DEF-TEC Defense Technology GmbH (Frankfurt am
Main, Germany) (represented by: H. Daniel, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Defense Technology
Corporation of America (Jacksonville, Florida) (represented by:
G. Würtenberger and R. Kunze, lawyers)

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 8 November 2004 (Case R 493/2002-2),
relating to opposition proceedings between DEF-TEC Defense
Technology GmbH and Defense Technology Corporation of
America

Operative part of the judgment

The Court:

Applicant: Monte di Massima SAS di Pruneddu Leonardo & C.
(Viddalba,
(represented by: E. Masu and P. Pittalis,
lawyers)

Italy)

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

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: J.M. Höfferle Interna-
tionale Handelsgesellschaft mbH (Hamburg, Germany) (repre-
sented by: G. Brugmann, lawyer)

Re:

the decision of

Action brought against
the First Board of
Appeal of OHIM of 24 Noevember 2004 (Case R 269/2004-1),
concerning opposition proceedings between Monte di Massima
SAS di Pruneddu Leonardo & C. and J.M. Höfferle Internatio-
nale Handelsgesellschaft mbH.

1. Annuls the decision of the Second Board of Appeal of the Office
(Trade Marks and

for Harmonisation in the Internal Market
Designs) (OHIM) of 8 November 2004 (Case R 493/2002 2);

Operative part

The Court

2. Orders OHIM to bear its own costs and the costs of the applicant,

except those relating to the intervention;

1. Dismisses the action;

3. Orders the applicant to bear the costs relating to the intervention;

4. Orders the intervener to bear its own costs.

2. Orders the applicant to pay the costs incurred by the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
and by the intervener.

(1) OJ C 82, 2.4.2005.

(1) OJ C 115, 14.5.2005