Keywords
Subject of the case
Operative part

Keywords

Community trade mark

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Definition and acquisition of the Community trade mark

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Relative grounds for refusal

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Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services

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Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 32-33, 60-61

)

Subject of the case

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 5 October 2006 (Case R 1324/2005-1), relating to opposition proceedings between Dr. Grandel GmbH and Matthias Rath.

Information relating to the case

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Operative part

Operative part

The Court:

1. Dismisses the action as manifestly lacking any foundation in law;

2. Orders Matthias Rath to bear his own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Dr. Grandel GmbH.