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20.8.2005 |
EN |
Official Journal of the European Union |
C 205/20 |
JUDGMENT OF THE COURT OF FIRST INSTANCE
of 15 June 2005
in Case T-7/04 Shaker di L. Laudato & C. Sas v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1)
(Community trade mark - Application for figurative Community trade mark Limoncello della Costiera Amalfitana shaker - Earlier national word mark LIMONCHELO - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)
(2005/C 205/35)
Language of the case: Italian
In Case T-7/04: Shaker di L. Laudato & C. Sas, established in Vietri sul Mare (Italy), represented by F. Sciaudone, lawyer, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (agent: M. Capostagno), the other party to the proceedings before the Board of Appeal of OHIM having been Limiñana y Botella, SL, established in Monforte del Cid (Spain), action brought against the decision of the Second Board of Appeal of OHIM of 24 October 2003 (Case R 933/ 2002-2), relating to opposition proceedings between Limiñana y Botella, SL and Shaker di L. Laudato & C. Sas, the Court of First Instance (Third Chamber), composed of M. Jaeger, President, J. Azizi and E. Cremona, Judges; B. Pastor, Deputy Registrar, gave a judgment on 15 June 2005, in which it:
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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 24 October 2003 (Case R 933/2002-2) and alters it so that the appeal brought before OHIM by the applicant is well founded and consequently the opposition must be rejected; |
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2. |
Orders OHIM to pay the costs. |