Source: EURLEX
Language: en
Format: md

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| 22.12.2007 | EN | Official Journal of the European Union | C 315/35 |

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Judgment of the Court of First Instance of 6 November 2007 — SAEME v OHIM — Racke (REVIAN's)

(Case T-407/05)[(1)](#ntr1-C_2007315EN.01003502-E0001)

(Community trade mark - Opposition proceedings - Application for figurative Community trade mark REVIAN's - Earlier non-Community trade mark evian - Late submission of the translation of the registration certificate for an earlier mark - Discretion granted by Article 74(2) of Regulation (EC) No 40/94)

(2007/C 315/66)

Language of the case: German

Parties

Applicant: Société anonyme des eaux minérales d'Évian (SAEME) (Évian-les-Bains, France) (represented by: C. Hertz-Eichenrode, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)

Other party to the proceedings before the Board of Appeal of OHIM and intervener before the Court of First Instance: A. Racke GmbH & Co. OHG (Bingen, Germany) (represented by: N. Schindler, lawyer)

Re:

Action against the decision of the Fourth Board of Appeal of OHIM of 22 July 2005 (Case R 82/2002 4) relating to opposition proceedings between Société anonyme des eaux minérales d'Évian (SAEME) and A. Racke GmbH & Co. OHG, and also against decision No 2754/2001 of the Opposition Division of OHIM of 23 November 2001.

Operative part of the judgment

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| 1. | Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 July 2005 (Case R 82/2002 4); |

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| 2. | Orders OHIM to pay its own costs and those incurred by the applicant; |

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| 3. | Orders the intervener to bear its own costs. |

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