JUDGMENT OF THE COURT OF FIRST INSTANCE

of 1 March 2005

in Case T-185/03 Vincenzo Fusco v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark ENZO FUSCO - Earlier Community word mark ANTONIO FUSCO - Likelihood of confusion - Similarity between signs - Article 8(1)(b) of Regulation (EC) No 40/94)

(2005/C 106/54)

Language of the case: Italian

In Case T-185/03: Vincenzo Fusco, residing in Sarmeola di Rubano (Italy), represented by B. Saguatti, lawyer, against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: O. Montalto and P. Bullock), the other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance, being Antonio Fusco International SA Lussemburgo, Lugano subsidiary, established in Lugano (Switzerland), represented by M. Bosshard, S. Verea and K. Muraro — action brought against the decision of the Fourth Board of Appeal of OHIM of 17 March 2003 in Case R 1023/2001-4, — the Court of First Instance (Second Chamber), composed of J. Pirrung, President, A.W.H. Meij and N.J. Forwood, Judges; B. Pastor, Deputy Registrar, for the Registrar, gave a judgment on 1 March 2005, in which it:

(1)  OJ C 184 of 2.8.2003.