Source: EURLEX
Language: en
Format: md

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| 16.9.2006 | EN | Official Journal of the European Union | C 224/38 |

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Judgment of the Court of First Instance of 11 July 2006 — Caviar Anzali v OHIM — Novomarket (Asetra)

(Case T-252/04)[(1)](#ntr1-C_2006224EN.01003801-E0001)

(Community trade mark - Opposition proceedings - Application for Community figurative trade mark ASETRA - Previous national and international figurative trade mark CAVIAR ASTARA - Relative grounds for refusal - Risk of confusion - Rejection of opposition for failure to produce documents within the prescribed periods - Evidence produced for the first time before the Board of Appeal - Admissibility - Scope of the examination conducted by the Boards of Appeal - Articles 62 and 74 of Regulation (EC) No 40/94)

(2006/C 224/81)

Language of the case: French

Parties

Applicant: Caviar Anzali SAS (Colombes, France) (represented by: J.-F. Jésus, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Novomarket, SA (Madrid, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 19 April 2004 (Case R 479/2003-2) concerning the opposition proceedings between Caviar Anzali SAS and Novomarket, SA

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 19 April 2004 (Case R 479/2003-2); |

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| 2. | Orders OHIM to pay the costs. |

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