Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 16.9.2006 | EN | Official Journal of the European Union | C 224/13 |

---

Judgment of the Court (Third Chamber) of 18 July 2006 — Sergio Rossi SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Sissi Rossi Srl

(Case C-214/05 P)[(1)](#ntr1-C_2006224EN.01001301-E0001)

(Appeals - Community trade mark - Article 8(1)(b) of Regulation (EC) No 40/94 - Likelihood of confusion - Word mark SISSI ROSSI - Opposition by the holder of the earlier word mark MISS ROSSI - Arguments presented for the first time at the hearing - Offers of evidence)

(2006/C 224/23)

Language of the case: Italian

Parties

Appellant: Sergio Rossi SpA (represented by: A. Ruo, avvocato)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: O. Montalto and P. Bullock, Agents)

Intervener in support of the defendant: Sissi Rossi Srl, established in Castenaso di Villanova (Italy) (represented by: S. Verea, avvocato)

Re:

Appeal against the judgment of the Court of First Instance (Second Chamber) of 1 March 2005 in Case T-169/03 Sergio Rossi SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) — Dismissal of an action for annulment brought by the proprietor of a national and international word mark ‘MISS ROSSI’ for goods within Class 25, against Decision R 569/2002-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 28 February 2003 setting aside the decision of the Opposition Division refusing to register as a Community word mark ‘SISSI ROSSI’ in respect of goods in classes 14, 15, 5 and 26

Operative part of the judgment

The Court:

|  |  |
| --- | --- |
| 1. | Dismisses the appeal; |

|  |  |
| --- | --- |
| 2. | Orders Sergio Rossi SpA to pay the costs. |

---

[Top](#document1)