Source: EURLEX
Language: en
Format: md

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| 8.12.2007 | EN | Official Journal of the European Union | C 297/38 |

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Judgment of the Court of First Instance of 18 October 2007 — AMS v OHIM — American Medical Systems (AMS Advanced Medical Services)

(Case T-425/03)[(1)](#ntr1-C_2007297EN.01003801-E0001)

(Community trade mark - Opposition proceedings - Application for the Community trade mark AMS Advanced Medical Services - Earlier national word mark AMS - Absolute ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Request for proof of genuine use made for the first time before the Board of Appeal - Article 43(2) and (3) of Regulation No 40/94)

(2007/C 297/77)

Language of the case: German

Parties

Applicant: AMS Advanced Medical Services GmbH (Mannheim, Germany) (represented by: G. Lindhofer initially, and subsequently by G. Lindhofer and S. Schäffler, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: American Medical Systems, Inc. (Minnetonka, Minnesota, United States) (represented by: H. Kunz-Hallstein and R. Kunz-Hallstein, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 September 2003 (Case R 671/2002-4) relating to the opposition proceedings between AMS Advanced Medical Services GmbH and American Medical Systems, Inc.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders AMS Advanced Medical Services GmbH to pay the costs. |

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