CELEX: C2006/190/29
Language: en
Date: 2006-08-12 00:00:00
Title: Case T-153/03: Judgment of the Court of First Instance of 13 June 2006 — Inex SA v OHIM — Wiseman (Representation of a cowhide) (Community trade mark — Opposition proceedings — Application for a figurative mark consisting of a representation of a cowhide in black and white — Earlier national figurative trade mark comprising in part a representation of a cowhide in black and white — Distinctive character of an element of a trade mark — Absence of likelihood of confusion — Rejection of the opposition — Article 8(1)(b) of Regulation (EC) No 40/94)

12.8.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 190/17
            
         Judgment of the Court of First Instance of 13 June 2006 — Inex SA v OHIM — Wiseman (Representation of a cowhide)
   (Case T-153/03) (1)
   
   (Community trade mark - Opposition proceedings - Application for a figurative mark consisting of a representation of a cowhide in black and white - Earlier national figurative trade mark comprising in part a representation of a cowhide in black and white - Distinctive character of an element of a trade mark - Absence of likelihood of confusion - Rejection of the opposition - Article 8(1)(b) of Regulation (EC) No 40/94)
   (2006/C 190/29)
   Language of the case: English
   Parties
   
      Applicant: Inex SA (Bavegem, Belgium) (represented by: T. van Innis, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially, U. Pfleghar and G. Schneider, and subsequently, G. Schneider and A. Folliard-Monguiral, Agents)
   
      Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Robert Wiseman & Sons Ltd (Glasgow, United Kingdom) (represented by: A. Roughton, Barrister)
   Re:
   Action brought against the decision of the Second Board of Appeal of OHIM of 4 February 2003 (Case R 106/2001-2), relating to opposition proceedings between Inex SA and Robert Wiseman & Sons Ltd.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders the applicant to pay the costs.
            
         
      (1)  OJ C 171, 19.7.2003.