CELEX: C2006/224/81
Language: en
Date: 2006-09-16 00:00:00
Title: Case T-252/04: Judgment of the Court of First Instance of 11 July 2006 — Caviar Anzali v OHIM — Novomarket (Asetra) (Community trade mark — Opposition proceedings — Application for Community figurative trade mark ASETRA — Previous national and international figurative trade mark CAVIAR ASTARA — Relative grounds for refusal — Risk of confusion — Rejection of opposition for failure to produce documents within the prescribed periods — Evidence produced for the first time before the Board of Appeal — Admissibility — Scope of the examination conducted by the Boards of Appeal — Articles 62 and 74 of Regulation (EC) No 40/94)

16.9.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 224/38
            
         Judgment of the Court of First Instance of 11 July 2006 — Caviar Anzali v OHIM — Novomarket (Asetra)
   (Case T-252/04) (1)
   
   (Community trade mark - Opposition proceedings - Application for Community figurative trade mark ASETRA - Previous national and international figurative trade mark CAVIAR ASTARA - Relative grounds for refusal - Risk of confusion - Rejection of opposition for failure to produce documents within the prescribed periods - Evidence produced for the first time before the Board of Appeal - Admissibility - Scope of the examination conducted by the Boards of Appeal - Articles 62 and 74 of Regulation (EC) No 40/94)
   (2006/C 224/81)
   Language of the case: French
   Parties
   
      Applicant: Caviar Anzali SAS (Colombes, France) (represented by: J.-F. Jésus, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M.A. Folliard-Monguiral, Agent)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Novomarket, SA (Madrid, Spain)
   Re:
   Action brought against the decision of the Second Board of Appeal of OHIM of 19 April 2004 (Case R 479/2003-2) concerning the opposition proceedings between Caviar Anzali SAS and Novomarket, SA
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 19 April 2004 (Case R 479/2003-2);
            
         
               2.
            
            
               Orders OHIM to pay the costs.
            
         
      (1)  OJ C 217, 28.8.2004.