Source: EURLEX
Language: en
Format: md

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| 16.4.2005 | EN | Official Journal of the European Union | C 93/26 |

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JUDGMENT OF THE COURT OF FIRST INSTANCE

of 15 February 2005

in Case T-296/02 Lidl Stiftung & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)[(1)](#ntr1-C_2005093EN.01002601-E0001)

(Community trade mark - Opposition - Likelihood of confusion - Application for Community word mark LINDENHOF - Earlier word and figurative mark LINDERHOF - Article 8(1)(b) of Regulation (EC) No 40/94)

(2005/C 93/51)

Language of the case: German

In Case T-296/02: Lidl Stiftung & Co. KG, established in Neckarsulm (Germany), represented by P. Groß, lawyer, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: A. von Mühlendahl, B. Müller and G. Schneider), the other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance, being REWE-Zentral AG, established in Cologne (Germany), represented by M. Kinkeldey, lawyer — action against the decision of the Third Board of Appeal of OHIM of 17 July 2002 (Case R 0036/2002-3), relating to opposition proceedings between Lidl Stiftung & Co. KG and REWE-Zentral AG — the Court of First Instance (Second Chamber), composed of J. Pirrung, President, A.W.H. Meij and N.J. Forwood, Judges; I. Natsinas, Administrator, for the Registrar, gave a judgment on 15 February 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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