Source: EURLEX
Language: en
Format: md

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| 25.8.2007 | EN | Official Journal of the European Union | C 199/31 |

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Judgment of the Court of First Instance of 11 July 2007 — Mülhens v OHIM/Minoronzoni (TOSCA BLU)

(Case T-150/04)[(1)](#ntr1-C_2007199EN.01003101-E0001)

(Community trade mark - Opposition procedure - Application for figurative Community trade mark TOSCA BLU - Earlier national word mark TOSCA - Relative grounds for refusal - Well-known trade mark within the meaning of Article 6 bis of the Paris Convention - Article 8(1)(b) of Regulation (EC) No 40/94 - Article 8(5) of Regulation (EC) No 40/94)

(2007/C 199/57)

Language of the case: Italian

Parties

Applicant: Mülhens GmbH & Co. KG (Cologne, Germany) (represented by: T. Schulte-Beckhausen, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Minoronzoni Srl (Ponte San Pietro, Italy) (represented by: G. Floridia, F. Polettini and R. Floridia, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 18 February 2004 (Case R 949/2001-1) relating to opposition proceedings between Mühlens GmbH & Co. KG and Minoronzoni Srl.

Operative part of the judgment

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| 1. | The action is dismissed; |

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| 2. | Mühlens GmbH & Co. KG are ordered to pay the costs. |

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