JUDGMENT OF THE COURT OF FIRST INSTANCE

of 13 July 2004

in Case T-115/02: AVEX Inc v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1)

(Community trade mark - Opposition procedure - Application for a Community figurative mark comprising the letter ‘a’ - Earlier Community figurative mark comprising the letter ‘a’ - Likelihood of confusion)

(2004/C 239/35)

Language of the case: German

In Case T-115/02: AVEX Inc., established in Tokyo (Japan), represented by J. Hofmann, lawyer, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: D. Schennen and G. Schneider), the other party to the proceedings before the Board of Appeal of OHIM and the intervener before the Court of First Instance being Ahlers AG, formerly Adolf Ahlers AG, established in Herford (Germany), represented by E.P. Krings, lawyer — action brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 February 2002 (Case R 634/2002-1) relating to the opposition filed by the proprietor of the Community figurative mark comprising the letter ‘a’ against registration of a Community figurative mark comprising the letter ‘a’ — the Court of First Instance (Second Chamber), composed of J. Pirrung, President, A.W.H. Meij and N.J. Forwood, Judges; I. Natsinas, Administrator, for the Registrar, has given a judgment on 13 July 2004, in which it:

(1)  OJ C 144 of 15.6.2002.