Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 25.6.2005 | EN | Official Journal of the European Union | C 155/13 |

---

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 13 April 2005

in Case T-353/02 Duarte y Beltrán SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)[(1)](#ntr1-C_2005155EN.01001301-E0001)

(Community trade mark - Opposition proceedings - Application for Community word mark INTEA - Earlier national word marks INTESA - Refusal of registration - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 40/94)

(2005/C 155/25)

Language of the case: Spanish

In Case T-353/02: Duarte y Beltrán SA, established in Santander (Spain), represented initially by N. Moya Fernandez, and subsequently by J. Calderón Chavero and T. Villate Consonni, lawyers, against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: M. Schneider and P. Jurado Montejano), the other party to the proceedings before the Board of Appeal of OHIM being Mirato SpA, established in Novara (Italy) — action against the decision of the Second Board of Appeal of OHIM of 6 August 2002 (Case R 407/2001-2) concerning opposition proceedings between Duarte y Beltrán SA and Mirato SpA — the Court (Second Chamber), composed of J. Pirrung, President, N. J. Forwood and I. Pelikánová, Judges; B. Pastor, Assistant Registrar, has given a judgment on 13 April 2005, in which it:

|  |  |
| --- | --- |
| 1. | Dismisses the action. |

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

---

[Top](#document1)