Source: EURLEX
Language: en
Format: md

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| 18.11.2006 | EN | Official Journal of the European Union | C 281/32 |

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Judgment of the Court of First Instance of 13 September 2006 — MIP METRO v OHIM Tesco Stores (METRO)

(Case T-191/04)[(1)](#ntr1-C_2006281EN.01003202-E0001)

(Community trade mark - Opposition proceedings - Application for a figurative mark consisting of the word mark METRO - Earlier national word mark METRO - Expiry of protection of earlier national trade mark)

(2006/C 281/55)

Language of the case: English

Parties

Applicant: MIP METRO Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany) (represented by: R. Kaase, avocat)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance: Tesco Stores Ltd (Cheshunt, United Kingdom) (represented by: S. Malynicz, Barrister)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 23 March 2004 (Case R 486/2003-1), relating to opposition proceedings between MIP Metro Group Intellectual Property GmbH & Co. KG and Tesco Stores Ltd.

Operative part of the judgment

The Court:

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| 1. | Declares that the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 March 2004 (Case R 486/2003-1) is annulled; |

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

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

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