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Document C2005/115/38
Judgment of the Court of First Instance of 9 March 2005 in Case T-33/03 Osotspa Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Earlier national and Community figurative SHARK marks — Application for Community word mark Hai — Absolute ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Judgment of the Court of First Instance of 9 March 2005 in Case T-33/03 Osotspa Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Earlier national and Community figurative SHARK marks — Application for Community word mark Hai — Absolute ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Judgment of the Court of First Instance of 9 March 2005 in Case T-33/03 Osotspa Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Earlier national and Community figurative SHARK marks — Application for Community word mark Hai — Absolute ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
OJ C 115, 14.5.2005, p. 20–20
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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14.5.2005 |
EN |
Official Journal of the European Union |
C 115/20 |
JUDGMENT OF THE COURT OF FIRST INSTANCE
of 9 March 2005
in Case T-33/03 Osotspa Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1)
(Community trade mark - Opposition proceedings - Earlier national and Community figurative SHARK marks - Application for Community word mark Hai - Absolute ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)
(2005/C 115/38)
Language of the case: German
In Case T-33/03: Osotspa Co. Ltd, established in Bangkok (Thailand), represented by C. Gassauer-Fleissner, lawyer, with an address for service in Luxembourg, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: A. von Mühlendahl, T. Eichenberg and G. Schneider), the other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance, being Distribution & Marketing GmbH, established in Salzburg (Austria), represented initially by C. Hauer and subsequently by V. von Bomhard, A. Renck and A. Pohlmann, lawyers — action brought against the decision of the Third Board of Appeal of OHIM of 27 November 2002 (Case R 296/2002-3) concerning opposition proceedings between Osotspa Co. Ltd and Distribution & Marketing GmbH — the Court of First Instance (Fourth Chamber), composed of H. Legal, President, V. Tiili and V. Vadapalas, Judges; D. Christensen, Administrator, for the Registrar, gave a judgment on 9 March 2005, in which it:
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1. |
Dismisses the action; |
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2. |
Orders the applicant to pay the costs. |