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7.2.2009 |
EN |
Official Journal of the European Union |
C 32/31 |
Judgment of the Court of First Instance of 10 December 2008 — MIP Metro v OHIM — Metronia (METRONIA)
(Case T-290/07) (1)
(Community trade mark - Opposition proceedings - Application for Community figurative trade mark METRONIA - Earlier national figurative trade mark METRO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)
(2009/C 32/58)
Language of the case: English
Parties
Applicant: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany) (represented by: J.-C. Plate, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Metronia, SA (Madrid, Spain) (represented by: J. Riera Blanco, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 29 May 2007 (Case R 1315/2006-2), relating to opposition proceedings between MIP Metro Group Intellectual Property GmbH & Co. KG and Metronia, SA.
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 29 May 2007 (Case R 1315/2006-2); |
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2. |
Orders OHIM to bear its own costs and to pay the costs incurred by MIP Metro Group Intellectual Property GmbH & Co. KG; |
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3. |
Orders Metronia SA to bear its own costs. |