JUDGMENT OF THE COURT OF FIRST INSTANCE

of 7 June 2005

in Case T-303/03 Lidl Stiftung v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1)

(Community trade mark - Opposition proceedings - Application for word mark Salvita - Earlier national word mark SOLEVITA - Proof of use of the earlier national trade mark - Rejection of the opposition)

(2005/C 193/41)

Language of the case: German

In Case T-303/03: Lidl Stiftung & Co. KG, established in Neckarsulm (Germany), represented by P. Groß, lawyer, against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: U. Pfleghar and G. Schneider), the other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court, being REWE-Zentral AG, established in Cologne (Germany), represented initially by M. Kinkeldey, and subsequently by M. Kinkeldey and C. Schmitt, lawyers — action brought against the decision of the First Board of Appeal of OHIM of 30 June 2003 in Case R 408/2002-1 concerning the opposition of the proprietor of the national mark SOLEVITA to the registration of the Community word mark Salvita — the Court of First Instance (Fifth Chamber), composed of M. Vilaras, President, F. Dehousse and D. Šváby, Judges; H. Jung, Registrar, gave a judgment on 7 June 2005, in which it:

(1)  OJ C 275 of 15.11.2003.