Source: EURLEX
Language: en
Format: md

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| 20.8.2005 | EN | Official Journal of the European Union | C 205/20 |

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JUDGMENT OF THE COURT OF FIRST INSTANCE

of 15 June 2005

in Case T-7/04 Shaker di L. Laudato & C. Sas v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)[(1)](#ntr1-C_2005205EN.01002002-E0001)

(Community trade mark - Application for figurative Community trade mark Limoncello della Costiera Amalfitana shaker - Earlier national word mark LIMONCHELO - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2005/C 205/35)

Language of the case: Italian

In Case T-7/04: Shaker di L. Laudato & C. Sas, established in Vietri sul Mare (Italy), represented by F. Sciaudone, lawyer, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (agent: M. Capostagno), the other party to the proceedings before the Board of Appeal of OHIM having been Limiñana y Botella, SL, established in Monforte del Cid (Spain), action brought against the decision of the Second Board of Appeal of OHIM of 24 October 2003 (Case R 933/ 2002-2), relating to opposition proceedings between Limiñana y Botella, SL and Shaker di L. Laudato & C. Sas, the Court of First Instance (Third Chamber), composed of M. Jaeger, President, J. Azizi and E. Cremona, Judges; B. Pastor, Deputy Registrar, gave a judgment on 15 June 2005, in which it:

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| 1. | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 24 October 2003 (Case R 933/2002-2) and alters it so that the appeal brought before OHIM by the applicant is well founded and consequently the opposition must be rejected; |

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| 2. | Orders OHIM to pay the costs. |

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