Source: EURLEX
Language: en
Format: md

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| 17.9.2005 | EN | Official Journal of the European Union | C 229/13 |

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JUDGMENT OF THE COURT OF FIRST INSTANCE

of 13 July 2005

in Case T-242/02, The Sunrider Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)[(1)](#ntr1-C_2005229EN.01001302-E0001)

(Community trade mark - Word mark TOP - Refusal of registration - Article 115(4) of Regulation (EC) No 40/94 - Definition of ‘written communications’ - Infringement of the principle that decisions must be adopted within a reasonable time - Infringement of the rights of the defence - Absolute grounds for refusal - Article 7(1)(b) and (c) of Regulation No 40/94)

(2005/C 229/26)

Language of the case: Greek

In Case T-242/02: The Sunrider Corp., established in Torrance, California (United States), represented initially by M. Bra and subsequently by N. Dontas, lawyers, with an address for service in Luxembourg, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: O. Waelbroeck and P. Geroukalos) — action brought against the decision of the First Board of Appeal of OHIM of 30 May 2002 (Case R 314/1999-1), concerning an application for registration of the word mark TOP as a Community trade mark — the Court of First Instance (Fourth Chamber), composed of H. Legal, President, P. Mengozzi and I. Wiszniewska-Białecka, Judges; H. Jung, Registrar, gave a judgment on 13 July 2005, in which it:

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| 1. | Dismisses the action; |

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

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