CELEX: C2007/297/77
Language: en
Date: 2007-12-08 00:00:00
Title: Case T-425/03: Judgment of the Court of First Instance of 18 October 2007 — AMS v OHIM — American Medical Systems (AMS Advanced Medical Services) (Community trade mark — Opposition proceedings — Application for the Community trade mark AMS Advanced Medical Services — Earlier national word mark AMS — Absolute ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 — Request for proof of genuine use made for the first time before the Board of Appeal — Article 43(2) and (3) of Regulation No 40/94)

8.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 297/38
            
         Judgment of the Court of First Instance of 18 October 2007 — AMS v OHIM — American Medical Systems (AMS Advanced Medical Services)
   (Case T-425/03) (1)
   
   (Community trade mark - Opposition proceedings - Application for the Community trade mark AMS Advanced Medical Services - Earlier national word mark AMS - Absolute ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Request for proof of genuine use made for the first time before the Board of Appeal - Article 43(2) and (3) of Regulation No 40/94)
   (2007/C 297/77)
   Language of the case: German
   Parties
   
      Applicant: AMS Advanced Medical Services GmbH (Mannheim, Germany) (represented by: G. Lindhofer initially, and subsequently by G. Lindhofer and S. Schäffler, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
   
      Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: American Medical Systems, Inc. (Minnetonka, Minnesota, United States) (represented by: H. Kunz-Hallstein and R. Kunz-Hallstein, lawyers)
   Re:
   Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 September 2003 (Case R 671/2002-4) relating to the opposition proceedings between AMS Advanced Medical Services GmbH and American Medical Systems, Inc.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders AMS Advanced Medical Services GmbH to pay the costs.
            
         
      (1)  OJ C 71, 20.3.2004.