Source: EURLEX
Language: en
Format: md

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| 22.12.2007 | EN | Official Journal of the European Union | C 315/24 |

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Order of the Court (Eighth Chamber) of 11 September 2007 — Athinaiki Oikogeniaki Artopoiia AVEE v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Ferrero Deutschland GmbH

(Case C-225/06)[(1)](#ntr1-C_2007315EN.01002402-E0001)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Similarity between two trade marks - Likelihood of confusion - Application for a Community figurative mark featuring the word element ‘FERRÓ’ - Opposition by the proprietor of the national word mark FERRERO - Partial refusal of registration)

(2007/C 315/42)

Language of the case: English

Parties

Applicant: Athinaiki Oikogeniaki Artopoiia AVEE (represented by: A. Tsavdaridis, dikigoros)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves, acting as Agent) Ferrero Deutschland GmbH, successor in title to Ferrero OHG mbH (represented by: M. Schaeffer, Rechtsanwalt)

Re:

Appeal brought against the judgment of the Court of First Instance (Third Chamber) of 15 March 2006 in Case T-35/04 Athinaiki Oikogeniaki Artopoiia AVEE v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) in which the Court dismissed an action for annulment brought by the applicant for the figurative mark ‘FERRÓ’ for goods in Classes 29, 30 and 42 against Decision R 460/2002-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 1 December 2003, dismissing the appeal against the Opposition Division's decision refusing in part to register that mark in the opposition proceedings filed by the holder of the national word mark ‘FERRERO’ for goods in Classes 5, 29, 30, 32 and 33.

Operative part of the order

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| 1. | The appeal is dismissed. |

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| 2. | Athinaiki Oikogeniaki Artopoiia AVEE is ordered to pay the costs. |

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