Source: EURLEX
Language: en
Format: md

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| 3.9.2005 | EN | Official Journal of the European Union | C 217/38 |

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JUDGMENT OF THE COURT OF FIRST INSTANCE

of 7 July 2005

in Case T-385/03 Miles Handelsgesellschaft International mbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)[(1)](#ntr1-C_2005217EN.01003801-E0001)

(Community trade mark - Opposition proceedings - Application for a Community figurative mark containing the verbal element ‘Biker Miles’ - Earlier Community word mark MILES - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2005/C 217/84)

Language of the case: German

In Case T-385/03: Miles Handelsgesellschaft International mbH, established in Norderstedt (Germany), represented by F. Dettmann and A. Deutsch, lawyers, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: T. Eichenberg and G. Schneider), the other party to the proceedings before the OHIM Board of Appeal, intervener before the Court of First Instance, being Biker Miles Motorrad Handels- und Vertriebsgesellschaft mbH, established in Berlin (Germany), represented by G. Malchartzeck, lawyer — action brought against the decision of the Second Board of Appeal of OHIM of 9 September 2003 (Case R 174/2002-2) concerning opposition proceedings between Biker Miles Motorrad Handels- und Vertriebsgesellschaft mbH and Miles Handelsgesellschaft International mbH — the Court of First Instance (Fourth Chamber), composed of H. Legal, President, P. Lindh and V. Vadapalas, Judges; B. Pastor, Deputy Registrar, for the Registrar, gave a judgment on 7 July 2005, in which it:

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| 1. | Annuls the decision of the Second Board of Appeal of OHIM of 9 September 2003 (Case R 174/2002-2); |

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| 2. | Orders OHIM to pay the costs incurred by the applicant; |

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

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