Keywords
Subject of the case
Operative part
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 114, 127, 129-130
)
Re:
ACTION for annulment of the decision of the Second Board of Appeal of OHIM of 23 October 2003 (Case R 814/2000‑2) relating to opposition proceedings between Laboratoires Goëmar and La Mer Technology, Inc.
Information relating to the case
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Operative part
The Court:
1. Dismisses the action;
2. Orders La Mer Technology, Inc. to pay its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Laboratoires Goëmar.