Source: EURLEX
Language: en
Format: md

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| 4.7.2009 | EN | Official Journal of the European Union | C 153/34 |

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Judgment of the Court of First Instance of 7 May 2009 — NHL Enterprises v OHIM — Glory & Pompea (LA KINGS)

(Case T-414/05)[(1)](#ntr1-C_2009153EN.01003401-E0001)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark LA KINGS - Earlier national figurative mark KING - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

2009/C 153/64

Language of the case: English

Parties

Applicant: NHL Enterprises BV (Rijswijk, Netherlands) (represented initially by G. Llewelyn, Solicitor, and V. Barresi, lawyer, and subsequently by M. Collins, Solicitor)

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

Other party to the proceedings before the Board of Appeal of OHIM: Glory & Pompea, SA (Mataró, Spain)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 6 July 2005 (Case R 371/2003-4), concerning opposition proceedings between Glory & Pompea, SA and NHL Enterprises BV.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 July 2005 (Case R 371/2003-4); |

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| 2. | Orders OHIM to bear its own costs and to pay those incurred by NHL Enterprises BV. |

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