Source: EURLEX
Language: en
Format: md

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| 25.3.2006 | EN | Official Journal of the European Union | C 74/16 |

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Judgment of the Court of First Instance of 12 January 2006 — Devinlec v OHIM

(Case T-147/03)[(1)](#ntr1-C_2006074EN.01001601-E0001)

(Community trade mark - Figurative mark containing the verbal element ‘quantum’ - Opposition of the proprietor of the national figurative mark Quantième - Relative ground of refusal - Likelihood of confusion - Article 8(1)(b), Article 15(2) and Article 43(3) of Regulation (EC) No 40/94)

(2006/C 74/31)

Language of the case: English

Parties:

Applicant: Devinlec Développement Innovation Leclerc SA (Toulouse, France) (represented by: J.-P. Simon, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves and A. Folliard-Monguiral, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance: T.I.M.E. ART Uluslararasi Saat Ticareti ve diş Ticaret AŞ (Istanbul, Turkey) (represented by: F. Jacobacci, lawyer)

Action

brought against against the decision of the Third Board of Appeal of OHIM of 30 January 2003 (Case R 109/2002-3) relating to opposition proceedings between Devinlec Développement Innovation Leclerc SA and T.I.M.E. Art Uluslararasi Saat Ticareti ve diş Ticaret AŞ

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 January 2003 (Case R 109/2002-3). |

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| 2. | Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay its own costs and those incurred by the applicant in the proceedings before the Court. |

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| 3. | Orders the intervener to pay its own costs and those incurred by the applicant in the proceedings before the Board of Appeal. |

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