Source: EURLEX
Language: en
Format: md

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| 25.8.2007 | EN | Official Journal of the European Union | C 199/30 |

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Order of the Court of First Instance of 11 July 2007 — Mülhens v OHIM — Cara (TOSKA LEATHER)

(Case T-28/04)[(1)](#ntr1-C_2007199EN.01003001-E0001)

(Community trade mark - Opposition proceedings - Application for figurative Community trade mark TOSKA LEATHER - Earlier national word mark TOSCA - Relative grounds for refusal - Well-known trade mark within the meaning of Article 6 bis of the Paris Convention - Article 8(1)(b) of Regulation (EC) No 40/94 - Article 8(5) of Regulation (EC) No 40/94)

(2007/C 199/56)

Language of the case: Italian

Parties

Applicant: Mülhens GmbH & Co. KG (Cologne, Germany) (represented by: T. Schulte-Beckhausen, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially M. Capostagno and then by O. Montalto, Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Mirco Cara (Vigevano, Italy) (represented by: G. Cimolino, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 20 November 2003 (Case R 10/2003-1) concerning opposition proceedings between Mülhens GmbH & Co. KG and Mirco Cara

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Mülhens GmbH & Co. KG to pay the costs. |

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