Source: EURLEX
Language: en
Format: md

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| 1.5.2010 | EN | Official Journal of the European Union | C 113/40 |

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Judgment of the General Court of 17 March 2010 — Mäurer + Wirtz v OHIM — (tosca de FEDEOLIVA)

(Case T-63/07)[(1)](#ntr1-C_2010113EN.01004001-E0001)

(Community trade mark - Opposition proceedings - Application for Community figurative mark tosca de FEDEOLIVA - Earlier Community and national word marks TOSCA - Relative grounds for refusal - Failure to take an argument into consideration - Article 74(1) of Regulation (EC) No 40/94 (now Article 76(1) of Regulation (EC) No 207/2009))

2010/C 113/62

Language of the case: English

Parties

Applicant: Mäurer + Wirtz GmbH & Co. KG (Stolberg, Germany) (represented by: D. Eickemeier, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: D. Botis, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Exportaciones Aceiteras Fedeoliva, AIE (Jaén, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 18 December 2006 (Case R 761/2006-2), concerning opposition proceedings between Mülhens GmbH & Co. KG and Exportaciones Aceiteras Fedeoliva, AIE.

Operative part of the judgment

The Court:

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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) of 18 December 2006 (Case R 761/2006-2), to the extent that it rejects the opposition brought on the basis of Article 8(5) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (now Article 8(5) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark); |

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| 2. | Dismisses the action as to the remainder; |

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| 3. | Orders Mäurer + Wirtz GmbH & Co. KG and the Office for Harmonisation in the Internal Market (Trade Marks and Designs) each to bear its own costs. |

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