JUDGMENT OF THE COURT OF FIRST INSTANCE

18 February 2004

in Case T-10/03: Jean-Pierre Koubi v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1)

(Community trade mark - Application for Community word mark CONFORFLEX - Earlier national word and figurative marks FLEX - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2004/C 106/125)

Language of the case: French

In Case T-10/03, Jean-Pierre Koubi, residing in Marseilles (France), represented by K. Manhaeve, lawyer, with an address for service in Luxembourg, v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: S. Laitinen and S. Pétrequin); the other party to the proceedings being: Fabricas Lucia Antonio Betere, SA (Flabesa), established in Madrid (Spain), represented by I. Valdelomar, lawyer: Action brought against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 October 2002 (Case R 542/2001-4) relating to opposition proceedings between Mr Koubi and Fabricas Lucia Antonio Betere, SA (Flabesa), the Court of First Instance (Fourth Chamber) composed of: H. Legal, President, V. Tiili and M. Vilaras, Judges; B. Pastor, Deputy Registrar, has given a judgment on 18 February 2004, in which it:

(1)  OJ C 55 of 08.03.2003.