CELEX: C2005/171/22
Language: en
Date: 2005-07-09 00:00:00
Title: Judgment of the Court of First Instance of 11 May 2005 in Joined Cases T-160/02 to T-162/02, Naipes Heraclio Fournier, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Proceedings in relation to invalidity — Article 51(1)(a) of Regulation (EC) No 40/94 — Figurative mark comprising the representation of a sword in a pack of cards — Figurative mark comprising the representation of a knight of clubs in a pack of cards — Figurative mark comprising the representation of a king of swords in a pack of cards — Absolute grounds for refusal — Article 7(1)(b) and (c) of Regulation No 40/94)

9.7.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 171/13
            
         
      JUDGMENT OF THE COURT OF FIRST INSTANCE
   
   of 11 May 2005
   in Joined Cases T-160/02 to T-162/02, Naipes Heraclio Fournier, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1)
   
   (Community trade mark - Proceedings in relation to invalidity - Article 51(1)(a) of Regulation (EC) No 40/94 - Figurative mark comprising the representation of a sword in a pack of cards - Figurative mark comprising the representation of a knight of clubs in a pack of cards - Figurative mark comprising the representation of a king of swords in a pack of cards - Absolute grounds for refusal - Article 7(1)(b) and (c) of Regulation No 40/94)
   (2005/C 171/22)
   Language of the case: Spanish
   In Joined Cases T-160/02 to T-162/02: Naipes Heraclio Fournier, SA, established in Vitoria (Spain), represented by E. Armijo Chávarri, lawyer, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: J. Crespo Carrillo, and subsequently by O. Montalto and I. de Medrano Caballero), the other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance, being France Cartes SAS, established in Saint Max (France), represented by C. de Haas, lawyer — ACTION brought against three decisions of the Second Board of Appeal of OHIM of 28 February 2002 (Cases R 771/2000 2, R 770/2000-2 and R 766/2000 2), relating to invalidity proceedings between Naipes Heraclio Fournier, SA, and France Cartes SAS, — the Court of First Instance (Third Chamber), composed of M. Jaeger, President, V. Tiili and O. Czúcz, Judges; I. Natsinas, Administrator, for the Registrar, gave a judgment on 11 May 2005, in which it:
   
               1.
            
            
               Dismisses the applications;
            
         
               2.
            
            
               Dismisses the intervener's claim that the applicant be ordered to pay the costs as inadmissible in respect of the costs incurred before the Cancellation Division;
            
         
               3.
            
            
               Orders the applicant to pay the costs of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and the remainder of the intervener's costs;
            
         
               4.
            
            
               Dismisses the remainder of the intervener's claims.
            
         
      (1)  OJ C 180, 27.7.2002.