Source: EURLEX
Language: en
Format: md

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| 6.5.2006 | EN | Official Journal of the European Union | C 108/19 |

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Judgment of the Court of First Instance of 15 March 2006 — Athinaiki Oikogenaiki Artopoiia v OHIM

(Case T-35/04)[(1)](#ntr1-C_2006108EN.01001902-E0001)

(‘Community trade mark - Opposition proceedings - Earlier word mark FERRERO - Application for Community figurative trade mark containing the verbal element “FERRÓ” - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94’)

(2006/C 108/33)

Language of the case: English

Parties:

Applicant: Athinaiki Oikogenaiki Artopoiia AVEE (Pikermi, Greece) (represented by: C. Chrissanthis, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance: Ferrero OHG mbH (Stadtallendorf, Germany) (represented by: M. Schaeffer, lawyer)

Action

brought against the decision of the First Board of Appeal of OHIM of 1 December 2003 (Case R 460/2002-1), relating to opposition proceedings between Athinaiki Oikogeniaki Artopoiia AVEE and Ferrero OHG mbH.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders the applicant to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs); |

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| 3. | Orders the intervener to bear its own costs. |

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