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Document C2004/262/83

Case T-310/04: Action brought on 26 July 2004 by Ferrero oHG mbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

OJ C 262, 23.10.2004, p. 43–44 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

23.10.2004   

EN

Official Journal of the European Union

C 262/43

Action brought on 26 July 2004 by Ferrero oHG mbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-310/04)

(2004/C 262/83)

Language of the case: English

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 26 July 2004 by Ferrero oHG mbH, Frankfurt am Main, Germany, represented by Dr M. Schaeffer, lawyer.

Cornu SA Fontain was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

—

overrule the Decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 17 March 2004 in case R 01540/2002-4 and allow the opposition No. B 245 714;

—

impose the costs on the Applicant for the trade mark.

Pleas in law and main arguments:

Applicant for the Community trade mark:

Cornu SA Fontain

Community trade mark sought:

Word mark ‘FERRO’ for goods in Classes 30 (salted biscuits)

Proprietor of mark or sign cited in the opposition proceedings:

The applicant

Mark or sign cited in opposition:

National word mark ‘FERRERO’ for goods in classes 5, 29, 30, 32 and 33 (chocolate, etc.)

Decision of the Opposition Division:

Opposition rejected

Decision of the Board of Appeal:

Appeal rejected

Pleas in law:

Infringement of Article 8(1)(b) of Regulation 40/94 (1)

(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 11, p. 1).

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