Source: EURLEX
Language: en
Format: md

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| 15.10.2005 | EN | Official Journal of the European Union | C 257/8 |

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Judgment of the Court of First Instance of 13 September 2005 — Sportwetten GmbH Gera v OHIM

(Case T-140/02)[(1)](#ntr1-C_2005257EN.01000802-E0001)

(Community trade mark - Application for a declaration of invalidity - Figurative Community trade mark including the word element INTERTOPS - Mark contrary to public policy or to accepted principles of morality - Article 7(1)(f) and (2) and Article 51 of Regulation (EC) No 40/94)

(2005/C 257/14)

Language of the case: German

Parties:

Applicant(s): Sportwetten GmbH Gera (Gera, Germany) [represented by: A. Zumschlinge, lawyer]

Defendant(s): Office for Harmonisation in the Internal Market (Trademarks and Design) [represented by: D. Schennen and G. Schneider, acting as Agents]

Intervener(s): Intertops Sportwetten GmbH (Salzburg, Austria) [represented initially by H. Pfeifer, and subsequently by R. Heimler, lawyers]

Application for:

ACTION brought against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 February 2002 (Case R 338/2000-4), relating to an application for a declaration of invalidity of the figurative Community trade mark INTERTOPS

Operative part of the judgment:

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| 1. | There is no need to adjudicate on the applicant's application for a declaration that the figurative Community trade mark including the word element INTERTOPS is invalid, or on the intervener's application for a document to be added to the file. |

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| 2. | The remainder of the action is dismissed. |

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| 3. | The applicant is ordered to pay all the costs. |

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