Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 21.7.2007 | EN | Official Journal of the European Union | C 170/22 |

---

Judgment of the Court of First Instance of 13 June 2007 — Grether v OHIM — Crisgo (FENNEL)

(Case T-167/05)[(1)](#ntr1-C_2007170EN.01002202-E0001)

(Community trade mark - Opposition proceedings - Application for the figurative Community trade mark FENNEL - Earlier Community word mark FENJAL - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b), Article 73, second sentence, and Article 74(1) of Regulation (EC) No 40/94)

(2007/C 170/42)

Language of the case: English

Parties

Applicant: Grether AG (Binningen, Switzerland) (represented by: initially, V. von Bomhard, A. Pohlmann and A. Renck, and subsequently, V. von Bomhard, A. Pohlmann and T. Dolde, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Crisgo (Thailand) Co. Ltd (Samutsakom, Thailand) (represented by: A. Bensoussan, M. Haas and L. Tellier-Loniewski, lawyers)

Re:

Action brought against the decision of the Fourth Chamber of the Board of Appeal of OHIM of 14 October 2004 (Case R 250/2002-4) concerning opposition proceedings between Grether AG and Crisgo (Thailand) Co. Ltd.

Operative part of the judgment

The Court:

|  |  |
| --- | --- |
| 1. | dismisses the action; |

|  |  |
| --- | --- |
| 2. | orders the applicant to pay the costs. |

---

[Top](#document1)