Judgment of the Court of First Instance of 13 June 2006 — Inex SA v OHIM — Wiseman (Representation of a cowhide)

(Case T-153/03) (1)

(Community trade mark - Opposition proceedings - Application for a figurative mark consisting of a representation of a cowhide in black and white - Earlier national figurative trade mark comprising in part a representation of a cowhide in black and white - Distinctive character of an element of a trade mark - Absence of likelihood of confusion - Rejection of the opposition - Article 8(1)(b) of Regulation (EC) No 40/94)

(2006/C 190/29)

Language of the case: English

Parties

Applicant: Inex SA (Bavegem, Belgium) (represented by: T. van Innis, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially, U. Pfleghar and G. Schneider, and subsequently, G. Schneider and A. Folliard-Monguiral, Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Robert Wiseman & Sons Ltd (Glasgow, United Kingdom) (represented by: A. Roughton, Barrister)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 4 February 2003 (Case R 106/2001-2), relating to opposition proceedings between Inex SA and Robert Wiseman & Sons Ltd.

Operative part of the judgment

The Court:

(1)  OJ C 171, 19.7.2003.