Source: EURLEX
Language: en
Format: md

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

---

Judgment of the Court of First Instance of 6 September 2006 — DEF-TEC Defense Technology v OHIM — Defense Technology (FIRST DEFENSE AEROSOL PEPPER PROJECTOR)

(Case T-6/05)[(1)](#ntr1-C_2006281EN.01003401-E0001)

(Community trade mark - Opposition proceedings - Application for figurative mark FIRST DEFENSE AEROSOL PEPPER PROJECTOR - Relative ground for refusal - Article 8(3) of Regulation (EC) No 40/94 - Existence of trade mark proprietor's consent)

(2006/C 281/58)

Language of the case: English

Parties

Applicant: DEF-TEC Defense Technology GmbH (Frankfurt am Main, Germany) (represented by: H. Daniel, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: D. Botis, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Defense Technology Corporation of America (Jacksonville, Florida) (represented by: G. Würtenberger and R. Kunze, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 8 November 2004 (Case R 493/2002-2), relating to opposition proceedings between DEF-TEC Defense Technology GmbH and Defense Technology Corporation of America

Operative part of the judgment

The Court:

|  |  |
| --- | --- |
| 1. | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 8 November 2004 (Case R 493/2002 2); |

|  |  |
| --- | --- |
| 2. | Orders OHIM to bear its own costs and the costs of the applicant, except those relating to the intervention; |

|  |  |
| --- | --- |
| 3. | Orders the applicant to bear the costs relating to the intervention; |

|  |  |
| --- | --- |
| 4. | Orders the intervener to bear its own costs. |

---

[Top](#document1)