Source: EURLEX
Language: en
Format: md

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| 19.7.2008 | EN | Official Journal of the European Union | C 183/19 |

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Judgment of the Court of First Instance of 10 June 2008 — Gabel Industria Tessile SpA v OHIM — Creaciones Garel (GABEL)

(Case T-85/07)[(1)](#ntr1-C_2008183EN.01001903-E0001)

(Community trade mark - Opposition proceedings - Application for the Community word mark GABEL - Earlier Community figurative mark GAREL - Partial refusal of registration - Scope of the examination to be carried out by the Board of Appeal - Obligation to rule on the entirety of the action - Article 62(1) of Regulation (EC) No 40/94)

(2008/C 183/40)

Language of the case: Italian

Parties

Applicant: Gabel Industria Tessile SpA (Rovellasca, Italy) (represented by: A. Petruzzelli, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and L. Rampini, Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Creaciones Garel, SA. (Logroño, Spain)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 25 January 2007 (Case R 960/2006-2), relating to opposition proceedings between Creaciones Garel, SA, and Gabel Industria Tessile SpA.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 25 January 2007 (Case R 960/2006-2). |

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| 2. | Dismisses the action as to the remainder. |

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| 3. | Orders Gabel Industria Tessile SpA and OHIM each to bear their own costs. |

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