Source: EURLEX
Language: en
Format: md

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| 9.7.2005 | EN | Official Journal of the European Union | C 171/19 |

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JUDGMENT OF THE COURT OF FIRST INSTANCE

of 4 May 2005

in Case T-22/04: Reemark Gesellschaft für Markenkooperation mbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)[(1)](#ntr1-C_2005171EN.01001902-E0001)

(Community Trade Mark - Opposition proceedings - Application for Community word mark Westlife - Earlier national mark West - Likelihood of confusion - Similarity of the signs)

(2005/C 171/34)

Language of the case: English

In Case T-22/04: Reemark Gesellschaft für Markenkooperation mbH, established in Hamburg (Germany), represented by P. Koch Moreno, lawyer, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agent: S. Laitinen), the other party to the proceedings before the Board of Appeal of OHIM being Bluenet Ltd, established in Limerick (Ireland) — application for annulment of the decision of the Second Board of Appeal of OHIM of 17 November 2003 (Case R 238/2002-2) relating to opposition proceedings brought by the holder of the mark West against the application for the mark Westlife — the Court of First Instance (Second Chamber), composed of J. Pirrung, President, N.J. Forwood and S. Papasavvas, Judges; B. Pastor, Assistant Registrar, for the Registrar, gave a judgment on 4 May 2005, in which it:

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| 1. | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 17 November 2003 (Case R 238/2002-2); |

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| 2. | Orders OHIM to bear its own costs and those incurred by the applicant. |

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