CELEX: C2005/257/14
Language: en
Date: 2005-10-15 00:00:00
Title: Case T-140/02: Judgment of the Court of First Instance of 13 September 2005 — Sportwetten GmbH Gera v OHIM (Community trade mark — Application for a declaration of invalidity — Figurative Community trade mark including the word element INTERTOPS — Mark contrary to public policy or to accepted principles of morality — Article 7(1)(f) and (2) and Article 51 of Regulation (EC) No 40/94)

15.10.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 257/8
            
         Judgment of the Court of First Instance of 13 September 2005 — Sportwetten GmbH Gera v OHIM
   (Case T-140/02) (1)
   
   (Community trade mark - Application for a declaration of invalidity - Figurative Community trade mark including the word element INTERTOPS - Mark contrary to public policy or to accepted principles of morality - Article 7(1)(f) and (2) and Article 51 of Regulation (EC) No 40/94)
   (2005/C 257/14)
   Language of the case: German
   Parties:
   
      Applicant(s): Sportwetten GmbH Gera (Gera, Germany) [represented by: A. Zumschlinge, lawyer]
   
      Defendant(s): Office for Harmonisation in the Internal Market (Trademarks and Design) [represented by: D. Schennen and G. Schneider, acting as Agents]
   
      Intervener(s): Intertops Sportwetten GmbH (Salzburg, Austria) [represented initially by H. Pfeifer, and subsequently by R. Heimler, lawyers]
   Application for:
   ACTION brought against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 February 2002 (Case R 338/2000-4), relating to an application for a declaration of invalidity of the figurative Community trade mark INTERTOPS
   Operative part of the judgment:
   
               1.
            
            
               There is no need to adjudicate on the applicant's application for a declaration that the figurative Community trade mark including the word element INTERTOPS is invalid, or on the intervener's application for a document to be added to the file.
            
         
               2.
            
            
               The remainder of the action is dismissed.
            
         
               3.
            
            
               The applicant is ordered to pay all the costs.
            
         
      (1)  OJ C 169, 13.7.2002