Source: EURLEX
Language: en
Format: md

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| 30.12.2006 | EN | Official Journal of the European Union | C 331/30 |

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Judgment of the Court of First Instance of 14 December 2006 — Mast-Jägermeister v OHIM — Licorera Zacapaneca (VENADO with frame)

(Joined Cases T-81/03, T-82/03 and T-103/03)[(1)](#ntr1-C_2006331EN.01003002-E0001)

(Community trade mark - Opposition proceedings - Applications for Community figurative marks VENADO with frame, VENADO and VENADO ESPECIAL - Earlier Community figurative marks representing a deer's head facing forward in a circle - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2006/C 331/67)

Language of the case: Spanish

Parties

Applicant: Mast-Jägermeister AG (Wolfenbüttel, Germany) (represented by: C. Drzymalla, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Licorera Zacapaneca SA (Santa Cruz, Guatemala) (represented by: L. Corno Caparrós and B. Uriarte Valiente, lawyers)

Re:

Three actions brought against the decisions of the First Board of Appeal of OHIM of 19 December 2002 (Case R 412/2002-1 and Case R 382/2002-1) and 14 January 2003 (Case R 407/2002-1), relating to opposition proceedings between Licorera Zacapaneca SA and Mast-Jägermeister AG.

Operative part of the judgment

The Court:

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| 1. | Annuls the decisions of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 December 2002 (Case R 412/2002-1 and Case R 382/2002-1) and of 14 January 2003 (Case R 407/2002-1); |

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| 2. | Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs incurred by the applicant; |

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

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