Source: EURLEX
Language: en
Format: md

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| 16.9.2006 | EN | Official Journal of the European Union | C 224/40 |

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Judgment of the Court of First Instance of 12 July 2006 — Rossi v OHIM — Marcorossi (MARCOROSSI)

(Case T-97/05)[(1)](#ntr1-C_2006224EN.01004001-E0001)

(Community trade mark - Opposition proceedings - Application for Community word mark MARCOROSSI - Earlier national and international word marks MISS ROSSI - Earlier Community word mark SERGIO ROSSI - Relative ground of refusal - Likelihood of confusion)

(2006/C 224/86)

Language of the case: Italian

Parties

Applicant: Sergio Rossi SpA (San Mauro Pascoli, Italy) (represented by: A Ruo, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Marcorossi Srl (Bodio Lommago, Italy) (represented by: P. Roncaglia, G. Lazzeretti, M. Boleto and E. Gavuzzi, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 17 December 2004 (Case R 226/2003-2) concerning opposition proceedings between Sergio Rossi SpA and Marcorossi Srl

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 intervener and to bear its own costs; |

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| 3. | Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to bear its own costs. |

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