Source: EURLEX
Language: en
Format: md

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| 25.9.2004 | EN | Official Journal of the European Union | C 239/18 |

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JUDGMENT OF THE COURT OF FIRST INSTANCE

of 6 July 2004

in Case T-117/02: Grupo El Prado Cervera, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)[(1)](#ntr1-C_2004239EN.01001801-E0001)

(Community trade mark - Opposition proceedings - Application for Community word mark ‘CHUFAFIT’ - Earlier national word and figurative marks ‘CHUFI’ - Likelihood of confusion - Likelihood of association - Article 8(1)(b) of Regulation (EC) No 40/94)

(2004/C 239/36)

Language of the case: German

In Case T-117/02: Grupo El Prado Cervera, SL, established in Valencia (Spain), represented by P. Koch Moreno, lawyer, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: J.F. Crespo Carrillo and G. Schneider), the other parties to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance, being Helene Debuschewitz and Others, as heirs of Johann Debuschewitz, residing at Rösrath-Forsbach (Germany), represented by E. Krings, lawyer — action for annulment of the decision of the First Board of Appeal of OHIM of 12 February 2002 (Case R 798/2001-1) concerning the opposition proceedings between Grupo El Prado Cervera, SL, and J. Debuschewitz — the Court of First Instance (First Chamber), composed of B. Vesterdorf, President, P. Mengozzi and M.E. Martins Ribeiro, Judges; I. Natsinas, Administrator, for the Registrar, has given a judgment on 6 July 2004, in which it:

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| 1. | Dismisses the application; |

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| 2. | Orders the applicant to pay the costs. |

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