CELEX: C2006/224/86
Language: en
Date: 2006-09-16 00:00:00
Title: Case T-97/05: Judgment of the Court of First Instance of 12 July 2006 — Rossi v OHIM — Marcorossi (MARCOROSSI) (Community trade mark — Opposition proceedings — Application for Community word mark MARCOROSSI — Earlier national and international word marks MISS ROSSI — Earlier Community word mark SERGIO ROSSI — Relative ground of refusal — Likelihood of confusion)

16.9.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 224/40
            
         Judgment of the Court of First Instance of 12 July 2006 — Rossi v OHIM — Marcorossi (MARCOROSSI)
   (Case T-97/05) (1)
   
   (Community trade mark - Opposition proceedings - Application for Community word mark MARCOROSSI - Earlier national and international word marks MISS ROSSI - Earlier Community word mark SERGIO ROSSI - Relative ground of refusal - Likelihood of confusion)
   (2006/C 224/86)
   Language of the case: Italian
   Parties
   
      Applicant: Sergio Rossi SpA (San Mauro Pascoli, Italy) (represented by: A Ruo, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, acting as Agent)
   
      Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Marcorossi Srl (Bodio Lommago, Italy) (represented by: P. Roncaglia, G. Lazzeretti, M. Boleto and E. Gavuzzi, lawyers)
   Re:
   Action brought against the decision of the Second Board of Appeal of OHIM of 17 December 2004 (Case R 226/2003-2) concerning opposition proceedings between Sergio Rossi SpA and Marcorossi Srl
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders the applicant to pay the costs incurred by the intervener and to bear its own costs;
            
         
               3.
            
            
               Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to bear its own costs.
            
         
      (1)  OJ C 115, 14.5.2005.