Source: EURLEX
Language: en
Format: md

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| 10.11.2007 | EN | Official Journal of the European Union | C 269/14 |

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Judgment of the Court (Fourth Chamber) of 13 September 2007 — Il Ponte Finanziaria SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), F.M.G. Textiles Srl, formerly Marine Enterprise Projects — Società Unipersonale di Alberto Fiorenzi Srl

(Case C-234/06 P)[(1)](#ntr1-C_2007269EN.01001402-E0001)

(Appeal - Community trade mark - Registration of the trade mark BAINBRIDGE - Opposition by the proprietor of earlier national trade marks all having the component ‘Bridge’ in common - Opposition rejected - Family of trade marks - Proof of use - Concept of ‘defensive trade marks’)

(2007/C 269/27)

Language of the case: Italian

Parties

Appellant: Il Ponte Finanziaria SpA (represented by: P.L. Roncaglia, A. Torrigiani Malaspina and M. Boletto, avvocati)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and M. Buffolo, Agents), F.M.G. Textiles Srl, formerly Marine Enterprise Projects — Società Unipersonale di Alberto Fiorenza Srl (represented by: D. Marchi, avvocato)

Re:

Appeal against the judgment of the Court of First Instance (Fourth Chamber) of 23 February 2006 in Case T-194/03 Il Ponte Finanziaria SpA v OHIM dismissing an action brought by the proprietor of the word, figurative and three-dimensional trade marks ‘Bridge’, ‘Old Bridge’, ‘The Bridge Basket’, ‘THE BRIDGE’, ‘The Bridge’, ‘FOOTBRIDGE’, ‘The Bridge Wayfarer’ and ‘OVER THE BRIDGE’, for goods in Classes 18 and 25, for annulment of Decision R 1015/2001-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 17 March 2003 dismissing the appeal against the decision of the Opposition Division rejecting the opposition to the application for registration of the figurative mark ‘Bainbridge’ for goods in Classes 18 and 25.

Operative part of the judgment

The Court:

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| 1) | dismisses the appeal; |

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| 2) | orders Il Ponte Finanziaria SpA to pay the costs. |

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