CELEX: C2005/155/23
Language: en
Date: 2005-06-25 00:00:00
Title: Judgment of the Court of First Instance of 21 April 2005 in Case T-269/02 PepsiCo, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for Community word mark RUFFLES — Earlier national trade mark RIFFELS — Even earlier national trade mark RUFFLES — Coexistence and equivalence between national trade marks and Community trade marks)

25.6.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 155/12
            
         
      JUDGMENT OF THE COURT OF FIRST INSTANCE
   
   of 21 April 2005
   in Case T-269/02 PepsiCo, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1)
   
   (Community trade mark - Opposition proceedings - Application for Community word mark RUFFLES - Earlier national trade mark RIFFELS - Even earlier national trade mark RUFFLES - Coexistence and equivalence between national trade marks and Community trade marks)
   (2005/C 155/23)
   Language of the case: English
   In Case T-269/02: PepsiCo, Inc., established in Purchase, New York (United States), represented by E. Armijo Chávarri, lawyer, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: initially J. Novais Gonçalves and J. Crespo Carrillo, subsequently A. von Mühlendahl and J. Novais Gonçalves), the other party to the proceedings before the OHIM Board of Appeal, intervening before the Court of First Instance, being Intersnack Knabber-Gebäck GmbH & Co. KG, formerly Convent Knabber-Gebäck GmbH & Co. KG, established in Cologne (Germany), represented by M. Schaeffer, lawyer — action brought against the decision of the First Board of Appeal of OHIM of 10 June 1002 (Case R 114/2000-1) relating to opposition proceedings between PepsiCo, Inc. and Intersnack Knabber-Gebäck GmbH & Co. KG, — the Court of First Instance (Fifth Chamber), composed of M. Vilaras, President, F. Dehousse and D. Šváby, Judges; J. Palacio González, Principal Administrator, for the Registrar, gave a judgment on 21 April 2005, in which it:
   
               1.
            
            
               Dismisses the application;
            
         
               2.
            
            
               Orders the applicant to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs);
            
         
               3.
            
            
               Orders the intervener to bear its own costs.
            
         
      (1)  OJ C 261 of 26.10.2002