Source: EURLEX
Language: en
Format: md

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| 29.3.2008 | EN | Official Journal of the European Union | C 79/25 |

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Judgment of the Court of First Instance of 14 February 2008 — Orsay v OHIM — Jiménez Arellano (O orsay)

(Case T-39/04)[(1)](#ntr1-C_2008079EN.01002502-E0001)

(Community trade mark - Opposition procedure - Application for the word and figurative trade mark O orsay - Earlier national word and figurative trade mark D'ORSAY - Ground for refusal - Risk of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 79/49)

Language of the case: German

Parties

Applicant: Orsay GmbH (Willstät, Germany) (represented by: D. von Schultz and S. Elbe, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially, by: U. Pfeghar, later by: G. Schneider, Agents)

Other party to the proceedings before the Board of Appeal of OHIM: José Jiménez Arellano S.A. (Madrid, Spain) (represented initially, by: J. Astiz Suárez, later by: S. Hernán-Carrillo Portolés and finally by: A. Tarí Lázaro, lawyers,

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 November 2003 (Case R 394/2002-4) concerning an opposition procedure between José Jiménez Arellano S.A. and Orsay GmbH.

Operative part of the judgment

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| 1. | The application is dismissed; |

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| 2. | Orsay GmbH is ordered to pay the costs. |

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