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:

(1)  OJ C 135 of 7.6.2003.