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19.7.2008 |
EN |
Official Journal of the European Union |
C 183/19 |
Judgment of the Court of First Instance of 10 June 2008 — Gabel Industria Tessile SpA v OHIM — Creaciones Garel (GABEL)
(Case T-85/07) (1)
(Community trade mark - Opposition proceedings - Application for the Community word mark GABEL - Earlier Community figurative mark GAREL - Partial refusal of registration - Scope of the examination to be carried out by the Board of Appeal - Obligation to rule on the entirety of the action - Article 62(1) of Regulation (EC) No 40/94)
(2008/C 183/40)
Language of the case: Italian
Parties
Applicant: Gabel Industria Tessile SpA (Rovellasca, Italy) (represented by: A. Petruzzelli, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and L. Rampini, Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Creaciones Garel, SA. (Logroño, Spain)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 25 January 2007 (Case R 960/2006-2), relating to opposition proceedings between Creaciones Garel, SA, and Gabel Industria Tessile SpA.
Operative part of the judgment
The Court:
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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 25 January 2007 (Case R 960/2006-2). |
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2. |
Dismisses the action as to the remainder. |
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3. |
Orders Gabel Industria Tessile SpA and OHIM each to bear their own costs. |