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15.10.2005 |
EN |
Official Journal of the European Union |
C 257/8 |
Judgment of the Court of First Instance of 13 September 2005 — Sportwetten GmbH Gera v OHIM
(Case T-140/02) (1)
(Community trade mark - Application for a declaration of invalidity - Figurative Community trade mark including the word element INTERTOPS - Mark contrary to public policy or to accepted principles of morality - Article 7(1)(f) and (2) and Article 51 of Regulation (EC) No 40/94)
(2005/C 257/14)
Language of the case: German
Parties:
Applicant(s): Sportwetten GmbH Gera (Gera, Germany) [represented by: A. Zumschlinge, lawyer]
Defendant(s): Office for Harmonisation in the Internal Market (Trademarks and Design) [represented by: D. Schennen and G. Schneider, acting as Agents]
Intervener(s): Intertops Sportwetten GmbH (Salzburg, Austria) [represented initially by H. Pfeifer, and subsequently by R. Heimler, lawyers]
Application for:
ACTION brought against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 February 2002 (Case R 338/2000-4), relating to an application for a declaration of invalidity of the figurative Community trade mark INTERTOPS
Operative part of the judgment:
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1. |
There is no need to adjudicate on the applicant's application for a declaration that the figurative Community trade mark including the word element INTERTOPS is invalid, or on the intervener's application for a document to be added to the file. |
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2. |
The remainder of the action is dismissed. |
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3. |
The applicant is ordered to pay all the costs. |