Source: EURLEX
Language: en
Format: md

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| 22.12.2007 | EN | Official Journal of the European Union | C 315/37 |

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Judgment of the Court of First Instance of 7 November 2007 — Marly v OHIM — Erdal (Top iX)

(Case T-57/06)[(1)](#ntr1-C_2007315EN.01003701-E0001)

(Community trade mark - Opposition proceedings - Application for figurative Community trade mark Top iX - Earlier international word mark TOFIX - Relative ground for refusal - Absence of likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Request for proof of genuine use of the earlier mark submitted for the first time before the Court - Inadmissibility)

(2007/C 315/69)

Language of the case: French

Parties

Applicant: NV Marly SA (Brussels, Belgium) (represented by: B. Mouffe and O. Rodesch, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Petrequin and A. Rassat, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Erdal GmbH (Hallein, Austria) (represented by: M. Thewes and V. Wiot, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 14 December 2005 (Case R 1147/2004-2) concerning opposition proceedings between Erdal GmbH and NV Marly SA.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders NV Marly SA to pay the costs. |

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