Source: EURLEX
Language: en
Format: md

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| 4.12.2004 | EN | Official Journal of the European Union | C 300/18 |

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JUDGMENT OF THE COURT

(Second Chamber)

of 12 October 2004

in Case C-106/03 P: Vedial SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)[(1)](#ntr1-C_2004300EN.01001803-E0001)

(Appeal - Community trade mark - Article 8(1)(b) of Regulation (EC) No 40/94 - Likelihood of confusion - Word and figurative mark HUBERT - Opposition of the proprietor of the national word mark SAINT-HUBERT 41 - Capacity of OHIM as defendant before the Court of First Instance)

(2004/C 300/37)

Language of the case: French

In Case C-106/03 P: appeal under Article 56 of the Statute of the Court of Justice, lodged at the Court on 27 February 2003, Vedial SA, established in Ludres (France), (avocats: T. van Innis, G. Glas and F. Herbert) and Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: O. Montalto and P. Geroulakos — the Court (Second Chamber), composed of: C.W.A. Timmermans, President of the Chamber, C. Gulmann, R. Schintgen, F. Macken (Rapporteur), and N. Colneric, Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, has given a judgment on 12 October 2004, in which it has ruled:

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| 1. | Dismisses the appeal; |

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| 2. | Orders Vedial SA to pay the costs. |

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