CELEX: C2006/224/75
Language: en
Date: 2006-09-16 00:00:00
Title: Case T-323/03: Judgment of the Court of First Instance of 10 July 2006 — La Baronia de Turis v OHIM — Baron Philippe de Rothschild (LA BARONNIE) (Community trade mark — Opposition proceedings — Application for Community word mark LA BARONNIE — Previous national word mark BARONIA — Proof of use of earlier mark — 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 224/35
            
         Judgment of the Court of First Instance of 10 July 2006 — La Baronia de Turis v OHIM — Baron Philippe de Rothschild (LA BARONNIE)
   (Case T-323/03) (1)
   
   (Community trade mark - Opposition proceedings - Application for Community word mark LA BARONNIE - Previous national word mark BARONIA - Proof of use of earlier mark - 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 224/75)
   Language of the case: French
   Parties
   
      Applicant: La Baronia de Turis, Cooperativa Valenciana (Turis, Spain) (represented by: J. Carreño Moreno, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Petrequin and A. Folliard-Monguiral, Agents)
   
      Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Baron Philippe de Rothschild SA (Pauillac, France) (represented by: K. Manhaeve, lawyer)
   Re:
   Action brought against the decision of the Second Board of Appeal of OHIM of 9 July 2003 (R 57/2003-2) concerning the opposition proceedings between Baronia de Turis, Cooperativa Valenciana and Baron Philippe de Rothschild 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) of 9 July 2003 (Case R 57/2003-2);
            
         
               2.
            
            
               Dismisses as inadmissible the application of the applicant, La Baronia de Turis, Cooperativa Valenciana, seeking refusal to register the Community trade mark in question;
            
         
               3.
            
            
               Dismisses the application of the intervener, Baron Philipe de Rothschild SA, that the opposition be declared inadmissible, in so far as it is based on Article 8(4) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark;
            
         
               4.
            
            
               Dismisses the action as to the remainder.
            
         
      (1)  OJ C 275, 15.11.2003.