Source: EURLEX
Language: en
Format: md

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| 14.1.2006 | EN | Official Journal of the European Union | C 10/19 |

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Judgment of the Court of First Instance of 17 November 2005 — Biofarma v OHIM

(Case T-154/03)[(1)](#ntr1-C_2006010EN.01001902-E0001)

(Community trade mark - Opposition proceedings - Earlier national word marks ARTEX - Application for Community word mark ALREX - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2006/C 10/37)

Language of the case: Dutch

Parties

Applicant(s): Biofarma SA (Neuilly-sur-Seine, France) (represented by V. Gil Vega, A. Ruiz López and D. Gonzalez Maroto, lawyers)

Defendant(s): Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by W. Verburg and A. Folliard-Monguiral, Agents)

Other party or parties to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Bausch & Lomb Pharmaceuticals, Inc. (Tampa, Florida, United States) (represented by S. Klos, lawyer)

Action

brought against the decision of the Third Board of Appeal of OHIM of 5 February 2003 (Case R 370/2002 3), concerning opposition proceedings between Biofarma SA and Bausch & Lomb Pharmaceuticals, Inc.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 5 February 2003 (Case R 370/2002-3); |

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

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

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