25.2.2006   

EN

Official Journal of the European Union

C 48/29


Judgment of the Court of First Instance of 14 December 2005 — Arysta Lifescience v OHIM

(Case T-169/04) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark CARPOVIRUSINE - Former national word mark CARPO - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2006/C 48/55)

Language of the case: French

Parties

Applicant: Arysta Lifescience SAS, formally Calliope SAS (Noguères, France) (represented by: S. Legrand, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Pétrequin, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: BASF AG (Ludwigshafen am Rhein, Germany)

Action

brought against the decision of the First Board of Appeal of OHIM of 4 March 2004 (Case R 289/2003-1) relating to the opposition proceedings between Calliope SAS and BASF AG

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Orders the applicant to pay the costs.


(1)  OJ C 179 of 10.7.2004.