Source: EURLEX
Language: en
Format: md

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| 26.11.2005 | EN | Official Journal of the European Union | C 296/22 |

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Judgment of the Court of First Instance of 5 October 2005 — Bunker & BKR v OHIM

(Case T-423/04)[(1)](#ntr1-C_2005296EN.01002203-E0001)

(Community trade mark - Opposition - Application for a Community figurative mark containing the verbal element ‘B.K.R.’ - Earlier national word mark BK RODS - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2005/C 296/48)

Language of the case: Spanish

Parties

Applicant(s): Bunker & BKR, SL (Almansa, Spain) (represented by: J. Astiz Suárez, lawyer)

Defendant(s): Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo, Agent,)

Other party or parties to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Marine Stock Ltd (Tortola, British Virgin Islands, United Kingdom) (represented by: M. de Justo Bailey, lawyer)

Application for

annulment of the decision of the Fourth Board of Appeal of OHIM of 30 June 2004 (Case R 0458/2002-4) concerning opposition proceedings between Bunker & BKR, SL and Marine Stock Ltd

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 June 2004 (Case R 0458/2002-4); |

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| 2. | Orders OHIM to bear its own costs and to pay the costs incurred by the applicant; |

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| 3. | Orders the intervener to bear its own costs. |

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