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Document C2005/193/41
Judgment of the Court of First Instance of 7 June 2005 in Case T-303/03 Lidl Stiftung v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for word mark Salvita — Earlier national word mark SOLEVITA — Proof of use of the earlier national trade mark — Rejection of the opposition)
Judgment of the Court of First Instance of 7 June 2005 in Case T-303/03 Lidl Stiftung v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for word mark Salvita — Earlier national word mark SOLEVITA — Proof of use of the earlier national trade mark — Rejection of the opposition)
Judgment of the Court of First Instance of 7 June 2005 in Case T-303/03 Lidl Stiftung v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for word mark Salvita — Earlier national word mark SOLEVITA — Proof of use of the earlier national trade mark — Rejection of the opposition)
OJ C 193, 6.8.2005, p. 25–25
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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6.8.2005 |
EN |
Official Journal of the European Union |
C 193/25 |
JUDGMENT OF THE COURT OF FIRST INSTANCE
of 7 June 2005
in Case T-303/03 Lidl Stiftung v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1)
(Community trade mark - Opposition proceedings - Application for word mark Salvita - Earlier national word mark SOLEVITA - Proof of use of the earlier national trade mark - Rejection of the opposition)
(2005/C 193/41)
Language of the case: German
In Case T-303/03: Lidl Stiftung & Co. KG, established in Neckarsulm (Germany), represented by P. Groß, lawyer, against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: U. Pfleghar and G. Schneider), the other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court, being REWE-Zentral AG, established in Cologne (Germany), represented initially by M. Kinkeldey, and subsequently by M. Kinkeldey and C. Schmitt, lawyers — action brought against the decision of the First Board of Appeal of OHIM of 30 June 2003 in Case R 408/2002-1 concerning the opposition of the proprietor of the national mark SOLEVITA to the registration of the Community word mark Salvita — the Court of First Instance (Fifth Chamber), composed of M. Vilaras, President, F. Dehousse and D. Šváby, Judges; H. Jung, Registrar, gave a judgment on 7 June 2005, in which it:
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1. |
Dismisses the action; |
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2. |
Orders the applicant to pay the costs. |