Source: EURLEX
Language: en
Format: md

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| 25.9.2004 | EN | Official Journal of the European Union | C 239/19 |

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JUDGMENT OF THE COURT OF FIRST INSTANCE

of 8 July 2004

in Case T-203/02: The Sunrider Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)[(1)](#ntr1-C_2004239EN.01001902-E0001)

(Community trade mark - Opposition proceedings - Earlier word mark VITAFRUT - Application for Community word mark VITAFRUIT - Genuine use of the earlier trade mark - Similarity of products - Article 8(1)(b), Article 15 and Article 43(2) and (3) of Regulation (EC) No 40/94)

(2004/C 239/39)

Language of the case: English

In Case T-203/02: The Sunrider Corp., established in Torrance, California (United States), represented by A. Kockläuner, lawyer, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agent: S. Laitinen), the other party to the proceedings before the Board of Appeal of OHIM being: Juan Espadafor Caba, resident in Granada (Spain) — action brought against the decision of the First Board of Appeal of OHIM of 8 April 2002 (Case R 1046/2000-1), relating to opposition proceedings between Juan Espadafor Caba and The Sunrider Corp — the Court of First Instance (Second Chamber), composed of J. Pirrung, President, A.W.H. Meij and N.J. Forwood, Judges; M. J. Plingers, Administrator, for the Registrar, has given a judgment on 8 July 2004 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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