CELEX: C2007/056/54
Language: en
Date: 2007-03-10 00:00:00
Title: Case T-53/05: Judgment of the Court of First Instance of 16 January 2007 — Calavo Growers v OHIM — Calvo Sanz (Calvo) (Community trade mark — Opposition proceedings — Application for figurative mark CALVO — Earlier Community word mark CALAVO — Admissibility of the opposition — Grounds of the opposition lodged in a language other than the language of the proceedings — Article 74(1) of Regulation (EC) No 40/94 — Rule 20(3) of Regulation (EC) No 2868/95)

10.3.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 56/27
            
         Judgment of the Court of First Instance of 16 January 2007 — Calavo Growers v OHIM — Calvo Sanz (Calvo)
   (Case T-53/05) (1)
   
   (Community trade mark - Opposition proceedings - Application for figurative mark CALVO - Earlier Community word mark CALAVO - Admissibility of the opposition - Grounds of the opposition lodged in a language other than the language of the proceedings - Article 74(1) of Regulation (EC) No 40/94 - Rule 20(3) of Regulation (EC) No 2868/95)
   (2007/C 56/54)
   Language of the case: Spanish
   Parties
   
      Applicant: Calavo Growers Inc. (Santa Ana, United States) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo, Agent)
   
      Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Luis Calvo Sanz SA (Carballo, Spain) (represented by J. Rivas Zurdo and E. López Leiva, lawyers)
   Re:
   Action brought against the decision of the First Board of Appeal of OHIM of 8 November 2004 (Case R 159/2004-1), relating to opposition proceedings between Calavo Growers Inc. and Luis Calvo Sanz SA.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 8 November 2004 (Case R 159/2004-1);
            
         
               2.
            
            
               Orders OHIM to bear its own costs and to pay those incurred by the applicant;
            
         
               3.
            
            
               Orders the intervener to bear its own costs.
            
         
      (1)  OJ C 82, 2.4.2005.