Source: EURLEX
Language: en
Format: md

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| 6.8.2005 | EN | Official Journal of the European Union | C 193/26 |

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JUDGMENT OF THE COURT OF FIRST INSTANCE

of 8 June 2005

in Case T-315/03 Hans-Peter Wilfer v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)[(1)](#ntr1-C_2005193EN.01002601-E0001)

(Community trade mark - Word mark ROCKBASS - Absolute grounds for refusal - Article 7(1)(c) of Regulation (EC) No 40/94 - Examination of the facts by the Board of Appeal of its own motion - Failure to take into account evidence produced by the applicant - Article 74(1) and (2) of Regulation (EC) No 40/94)

(2005/C 193/42)

Language of the case: German

In Case T-315/03: Hans-Peter Wilfer, resident in Markneukirchen (Germany), represented by A. Kockläuner, lawyer, against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: D. Schennen and G. Schneider) — action against the decision of the First Board of Appeal of OHIM of 11 July 2003 in Case R 266/2002-1 concerning registration of the word sign ROCKBASS as a Community trade mark — the Court of First Instance (Fourth Chamber), composed of H. Legal, President, P. Lindh and V. Vadapalas, Judges; I. Natsinas, Administrator, for the Registrar, gave a judgment on 8 June 2005, in which it:

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| 1. | Dismisses the action; |

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| 2. | Orders the applicant to pay three-quarters of its own costs and three-quarters of the costs incurred by OHIM; |

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| 3. | Orders OHIM to pay one quarter of its own costs and one quarter of the costs incurred by the applicant. |

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