Source: EURLEX
Language: en
Format: md

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| 15.8.2008 | EN | Official Journal of the European Union | C 209/48 |

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Judgment of the Court of First Instance of 9 July 2008 — Reber v OHIM — Chocoladefabriken Lindt & Sprüngli (Mozart)

(Case T-304/06)[(1)](#ntr1-C_2008209EN.01004802-E0001)

(Community trade mark - Invalidity proceedings - Community word mark Mozart - Subject-matter of the dispute - Absolute ground for refusal - Descriptive character - Obligation to state the reasons on which a decision is based - Legitimate expectations - Equal treatment - Principle of legality - Article 7(1)(c), Article 51(1)(a), Article 73, first sentence, and Article 74(1), first phrase, of Regulation (EC) No 40/94)

(2008/C 209/84)

Language of the case: German

Parties

Applicant: Paul Reber GmbH & Co. KG (Bad Reichenhall, Germany) (represented by: O. Spuhler, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Chocoladefabriken Lindt & Sprüngli AG (Kilchberg, Switzerland) (represented by: R.Lange and G. Hild, lawyers)

Re:

Action brought against the decision of the second Board of Appeal of OHIM of 8 September 2006 (Case R 97/2005-2) relating to entry of Chocoladefabriken Lindt & Sprüngli AG and Paul Reber GmbH & Co. KG.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action. |

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| 2. | Orders Paul Reber GmbH & Co. KG to pay its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). |

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| 3. | Orders Chocoladefabriken Lindt & Sprungli AG to bear its own costs. |

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