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28.4.2007 |
EN |
Official Journal of the European Union |
C 96/33 |
Judgment of the Court of First Instance of 18 April 2007 — House of Donuts International v OHIM — Panrico (House of Donuts)
(Joined Cases T-333/04 and T-334/04) (1)
(Community trade mark - Opposition proceedings - Applications for Community figurative marks ‘House of donuts’ - Earlier national word marks ‘DONUT ’and earlier figurative marks ‘donuts’ - Relative ground for refusal - Likelihood of confusion)
(2007/C 96/68)
Language of the case: English
Parties
Applicant: House of Donuts International (George Town, Grand Cayman) (represented by: N. Decker, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Laitinen and A. Folliard-Monguiral, Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance: Panrico, SA (Barcelona, Spain) (represented by: D. Pellisé Urquiza, lawyer)
Re:
Two actions brought against the decisions of the Fourth Board of Appeal of OHIM of 12 May 2004 (Cases R 1034/2001-4 and R 1036/2001-4) concerning opposition proceedings between Panrico, SA and House of Donuts International
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders the applicant to pay the costs of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and of the intervener. |