Source: EURLEX
Language: en
Format: md

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| 10.3.2007 | EN | Official Journal of the European Union | C 56/27 |

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Judgment of the Court of First Instance of 16 January 2007 — Calavo Growers v OHIM — Calvo Sanz (Calvo)

(Case T-53/05)[(1)](#ntr1-C_2007056EN.01002702-E0001)

(Community trade mark - Opposition proceedings - Application for figurative mark CALVO - Earlier Community word mark CALAVO - Admissibility of the opposition - Grounds of the opposition lodged in a language other than the language of the proceedings - Article 74(1) of Regulation (EC) No 40/94 - Rule 20(3) of Regulation (EC) No 2868/95)

(2007/C 56/54)

Language of the case: Spanish

Parties

Applicant: Calavo Growers Inc. (Santa Ana, United States) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Luis Calvo Sanz SA (Carballo, Spain) (represented by J. Rivas Zurdo and E. López Leiva, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 8 November 2004 (Case R 159/2004-1), relating to opposition proceedings between Calavo Growers Inc. and Luis Calvo Sanz SA.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 8 November 2004 (Case R 159/2004-1); |

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| 2. | Orders OHIM to bear its own costs and to pay those incurred by the applicant; |

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

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