Source: EURLEX
Language: en
Format: md

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| 8.12.2007 | EN | Official Journal of the European Union | C 297/39 |

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Judgment of the Court of First Instance of 18 October 2007 — Ekabe International v OHIM — Ebro Puleva (OMEGA 3)

(Case T-28/05)[(1)](#ntr1-C_2007297EN.01003902-E0001)

(Community trade mark - Opposition proceedings - Application for the Community figurative trade mark OMEGA 3 - Earlier national word mark PULEVA-OMEGA 3 - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94)

(2007/C 297/80)

Language of the case: French

Parties

Applicant: Ekabe International SCA (Luxembourg, Luxembourg) (represented by: C. de Haas, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Ebro Puleva SA (Madrid, Spain) (represented by: P. Casamitjana Lleonart, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 6 October 2004 (Case R 117/2001-4), relating to opposition proceedings between Puleva SA (now Ebro Puleva SA) and Ekabe International SCA

Operative part of the judgment

The Court:

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| 1. | Dismisses the action. |

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| 2. | Orders Ekabe International SCA to pay the costs. |

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