Source: EURLEX
Language: en
Format: md

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| 18.11.2006 | EN | Official Journal of the European Union | C 281/34 |

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Judgment of the Court of First Instance of 4 October 2006 — Monte di Massima v OHIM — Höfferle Internationale (Valle della Luna)

(Case T-96/05)[(1)](#ntr1-C_2006281EN.01003402-E0001)

(Community trade mark - Opposition procedure - Application for figurative Community trade mark Valle della Luna - Earlier national figurative mark VALLE DE LA LUNA - Proof of use of the earlier mark - Article 15(2)(a), and Article 43(2) and (3) of Regulation (EC) No 40/94)

(2006/C 281/59)

Language of the case: Italian

Parties

Applicant: Monte di Massima SAS di Pruneddu Leonardo & C. (Viddalba, Italy) (represented by: E. Masu and P. Pittalis, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M.L. Capostagno, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: J.M. Höfferle Internationale Handelsgesellschaft mbH (Hamburg, Germany) (represented by: G. Brugmann, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 24 Noevember 2004 (Case R 269/2004-1), concerning opposition proceedings between Monte di Massima SAS di Pruneddu Leonardo & C. and J.M. Höfferle Internationale Handelsgesellschaft mbH.

Operative part

The Court

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| 1. | Dismisses the action; |

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

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