Source: EURLEX
Language: en
Format: md

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| 3.6.2006 | EN | Official Journal of the European Union | C 131/39 |

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Judgment of the Court of First Instance of 5 April 2006 — Madaus v OHIM

(Case T-202/04)[(1)](#ntr1-C_2006131EN.01003902-E0001)

(Community trade mark - Opposition proceedings - Previous international word mark ECHINACIN - Application for Community word mark ECHINAID - Relative grounds for refusal - Article 8(1)(b) of Regulation (EC) No 40/94)

(2006/C 131/73)

Language of the case: English

Parties

Applicant: Madaus AG (Cologne, Germany) (represented by: I. Valdelomar Serrano, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves, agent)

Other party to the proceedings before the Board of Appeal of OHIM: Optima Healthcare Ltd (Cardiff, United Kingdom)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 30 March 2004 (Case R 714/2002-2) concerning the opposition proceedings between Madaus AG and Optima Healthcare Ltd

Operative part of the judgment

The Court:

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| 1. | Dismisses the application; |

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| 2. | Orders the applicant to pay the costs. |

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