Source: EURLEX
Language: en
Format: md

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| 20.10.2007 | EN | Official Journal of the European Union | C 247/28 |

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Judgment of the Court of First Instance of 12 September 2007 — Koipe v OHIM — Aceites del Sur (La Espoñola)

(Case T-363/04)[(1)](#ntr1-C_2007247EN.01002801-E0001)

(Community trade mark - Application for Community figurative mark ‘La Española’ - Opposition by the proprietor of the national and Community figurative marks ‘Carbonell’ - Rejection of the opposition - Dominant elements - Similarity - Likelihood of confusion - Power to alter decisions)

(2007/C 247/43)

Language of the case: Spanish

Parties

Applicant: Koipe Corporación SL (San Sebastián, Spain) (represented by: M. Fernández de Béthencourt, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Aceites del Sur SA (Seville, Spain) (represented by: C.L. Fernández-Palacios and R. Jiménez Díaz, lawyers)

Re:

Action against the decision of the Fourth Board of Appeal of OHIM of 11 May 2004 (R 1109/2000-4) relating to opposition proceedings between Koipe Corporación SL and Aceites del Sur SA

Operative part of the judgment

The Court:

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| 1. | Alters the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 May 2004 (Case R 1109/2000-4) so as to hold that the appeal brought by the applicant before the Board of Appeal is well founded and, consequently, that the opposition is to be upheld. |

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| 2. | Orders OHIM and the intervener to pay the costs. |

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