Source: EURLEX
Language: en
Format: md

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| 28.4.2007 | EN | Official Journal of the European Union | C 95/36 |

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Judgment of the Court of First Instance of 22 March 2007 — SIGLA v OHIM — Elleni Holding (VIPS)

(Case T-215/03)[(1)](#ntr1-C_2007095EN.01003601-E0001)

(Community trade mark - Opposition proceedings - Application for the Community word mark VIPS - Earlier national word mark VIPS - Article 8(5) of Regulation (EC) No 40/94 - Article 74 of Regulation (EC) No 40/94 - Principle that the parties delimit the subject matter of the proceedings - Rights of the defence)

(2007/C 95/71)

Language of the case: Spanish

Parties

Applicant: SIGLA SA (Madrid, Spain) (represented by: E. Armijo Chávarri, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. de Medrano Caballero and G. Schneider, Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Elleni Holding BV (Alphen aan de Rijn, Netherlands)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 1 April 2003 (Case R 1127/2000-3) relating to opposition proceedings between SIGLA SA and Elleni Holding BV

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) of 1 April 2003 (Case R 1127/2000-3); |

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| 2. | Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs incurred by the applicant. |

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