Source: EURLEX
Language: en
Format: md

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| 12.11.2005 | EN | Official Journal of the European Union | C 281/21 |

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Judgment of the Court of First Instance of 15 September 2005 — Citicorp v OHIM

(Case T-320/03)[(1)](#ntr1-C_2005281EN.01002102-E0001)

(Community trade mark - Word mark LIVE RICHLY - Absolute grounds for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Right to be heard - Article 73 of Regulation No 40/94)

(2005/C 281/39)

Language of the case: English

Parties

Applicant(s): Citicorp (New York, United States) (represented by: V. von Bomhard, A. Renck and A. Pohlmann, lawyers)

Defendant(s): Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Laitinen, P. Bullock and A. von Mühlendahl, Agents)

Application for

annulment of the decision of the Third Board of Appeal of OHIM of 25 June 2003 (Case R 85/2002-3), concerning an application to register the word mark LIVE RICHLY as a Community trade mark

Operative part of the judgment

The Court:

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| 1) | Dismisses the application; |

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| 2) | Orders the applicant to bear its own costs, in addition to one half of the costs incurred by the defendant; |

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| 3) | Orders the defendant to bear one half of its own costs. |

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