Source: EURLEX
Language: en
Format: md

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| 3.6.2006 | EN | Official Journal of the European Union | C 131/39 |

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Judgment of the Court of First Instance of 5 April 2006 — Saiwa v OHMI

(Case T-344/03)[(1)](#ntr1-C_2006131EN.01003901-E0001)

(Community trade mark - Application for a figurative mark including the word element ‘SELEZIONE ORO Barilla’ - Opposition - Earlier word marks ORO and ORO SAIWA - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Opposition rejected)

(2006/C 131/72)

Language of the case: Italian

Parties

Applicant: Saiwa SpA (Genoa Italy) (represented by: G. Sena, P. Tarchini, J.-P. Karsenty and M. Karsenty-Ricard, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: M. Capostagno and O. Montalto, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance: Barilla Alimentare SpA (Parma, Italy) (represented by: A. Vanzetti and S. Bergia, lawyers)

Re:

Action against the decision of the Fourth Board of Appeal of OHIM of 18 July 2003 (R 480/2002-4) concerning opposition proceedings between Saiwa SpA and Barilla Alimentare SpA

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders the applicant to pay the costs. |

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