Source: EURLEX
Language: en
Format: md

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| 25.6.2005 | EN | Official Journal of the European Union | C 155/17 |

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JUDGMENT OF THE COURT OF FIRST INSTANCE

of 20 April 2005

in Case T-318/03 Atomic Austria GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)[(1)](#ntr1-C_2005155EN.01001701-E0001)

(Community trade mark - Word mark ATOMIC BLITZ - Opposition of the proprietor of national word marks ATOMIC - Evidence of renewal of registration of the earlier mark - Scope of the examination conducted by OHIM - Rejection of opposition - Article 8(1)(b) of Regulation (EC) No 40/94)

(2005/C 155/33)

Language of the case: German

In Case T-318/03: Atomic Austria GmbH, established in Altenmarkt (Austria), represented by G. Kucsko and C. Schumacher, lawyers, against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: G. Schneider and B. Müller), the other party to the proceedings before the Board of Appeal having been Fabricas Agrupadas de Muñecas de Onil, SA, established in Onil (Spain) — action against the decision of the Second Board of Appeal of OHIM of 9 July 2003 (Case R 95/2003-2), relating to opposition proceedings between Atomic Austria GmbH and Fabricas Agrupadas de Muñecas de Onil, SA, — the Court of First Instance (Second Chamber), composed of J. Pirrung, President, A.W.H. Meij and I. Pelikánová, Judges; J. Plingers, Administrator, for the Registrar, gave a judgment on 20 April 2005, in which it:

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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) of 9 July 2003 (Case R 95/2003-2); |

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

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