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20.10.2007 |
EN |
Official Journal of the European Union |
C 247/28 |
Judgment of the Court of First Instance of 12 September 2007 — Koipe v OHIM — Aceites del Sur (La Espoñola)
(Case T-363/04) (1)
(Community trade mark - Application for Community figurative mark ‘La Española’ - Opposition by the proprietor of the national and Community figurative marks ‘Carbonell’ - Rejection of the opposition - Dominant elements - Similarity - Likelihood of confusion - Power to alter decisions)
(2007/C 247/43)
Language of the case: Spanish
Parties
Applicant: Koipe Corporación SL (San Sebastián, Spain) (represented by: M. Fernández de Béthencourt, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Aceites del Sur SA (Seville, Spain) (represented by: C.L. Fernández-Palacios and R. Jiménez Díaz, lawyers)
Re:
Action against the decision of the Fourth Board of Appeal of OHIM of 11 May 2004 (R 1109/2000-4) relating to opposition proceedings between Koipe Corporación SL and Aceites del Sur SA
Operative part of the judgment
The Court:
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1. |
Alters the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 May 2004 (Case R 1109/2000-4) so as to hold that the appeal brought by the applicant before the Board of Appeal is well founded and, consequently, that the opposition is to be upheld. |
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2. |
Orders OHIM and the intervener to pay the costs. |