Source: EURLEX
Language: en
Format: md

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| 17.9.2005 | EN | Official Journal of the European Union | C 229/14 |

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JUDGMENT OF THE COURT OF FIRST INSTANCE

of 13 July 2005

in Case T-40/03: Julián Murúa Entrena v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)[(1)](#ntr1-C_2005229EN.01001401-E0001)

(Community trade mark - Application for figurative Community trade mark including the verbal element ‘Julián Murúa Entrena’ - Opposition by the proprietor of the Spanish and international work mark MURÚA - Refusal to register - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 40/94 - Surname)

(2005/C 229/27)

Language of the case: Spanish

In Case T-40/03: Julián Murúa Entrena, residing in Elciego (Spain), represented by I. Temiño Ceniceros, lawyer, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: I. de Medrano Caballero and G. Schneider), the other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance, being Bodegas Murúa SA — action against the Decision of the Second Board of Appeal of OHIM of 9 December 2002 (Case R 599/1999-2) relating to opposition proceedings between Bodegas Murúa SA and Julián Murúa Entrena — the Court of First Instance (Fourth Chamber), composed of H. Legal, President, P. Mengozzi and I. Wiszniewska-Białecka, Judges; J. Palacio González, Principal Administrator, for the Registrar, gave a judgment on 13 July 2005, in which it:

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| 1. | Dismisses the action; |

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

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