Source: EURLEX
Language: en
Format: md

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| 16.4.2005 | EN | Official Journal of the European Union | C 93/3 |

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ORDER OF THE COURT

(Second Chamber)

of 1 December 2004

in Case C-498/01 P: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) v Zapf Creation AG[(1)](#ntr1-C_2005093EN.01000302-E0001)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Absolute grounds for refusal of registration - Article 7(1)(b) and (c) - ‘New Born Baby’ - No need to give judgment)

(2005/C 93/06)

Language of the case: German

In Case C-498/01 P: appeal under Article 49 of the EC Statute of the Court of Justice, brought on 20 December 2001, Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: A. von Mühlendahl, M. Schennen and C. Røhl Søberg), supported by United Kingdom of Great Britain and Northern Ireland (Agent: K. Manji, assisted by M. Tappin), the other party to the proceedings being: Zapf Creation AG, established in Rödental (Germany) (Lawyers: A. Kockläuner and S. Zech) – the Court (Second Chamber), composed of C.W.A. Timmermans, President of the Chamber, J.-P. Puissochet (Rapporteur) and R. Schintgen, Judges; F.G. Jacobs, Advocate General; M.-F. Contet, Principal Administrator, for the Registrar, made an order on 1 December 2004, the operative part of which is as follows

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| 1. | It is unnecessary to give judgment on the appeal brought by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). |

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| 2. | Zapf Creation AG shall pay the costs of the present proceedings. |

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| 3. | The United Kingdom of Great Britain and Northern Ireland shall bear its own costs. |

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