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Document C2006/331/86

Case T-43/05: Judgment of the Court of First Instance of 30 November 2006 — Camper v OHIM — JC (BROTHERS by CAMPER) (Community trade mark — Opposition proceedings — Application for Community figurative trade mark BROTHERS by CAMPER — Earlier national figurative trade marks BROTHERS — Inadmissibility — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 40/94)

IO C 331, 30.12.2006, p. 39–39 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

30.12.2006   

EN

Official Journal of the European Union

C 331/39


Judgment of the Court of First Instance of 30 November 2006 — Camper v OHIM — JC (BROTHERS by CAMPER)

(Case T-43/05) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative trade mark BROTHERS by CAMPER - Earlier national figurative trade marks BROTHERS - Inadmissibility - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 40/94)

(2006/C 331/86)

Language of the case: English

Parties

Applicant: Camper, SL, (Inca, Spain) (represented by: I. Temiño Ceniceros, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves, agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: JC AB, (Mölnlycke, Sweden), (represented by P. Hedberg, lawyer)

Re:

Action brought against the decision of the First Chamber of the Board of Appeal of OHIM of 29 November 2004 (Case R 170/2004-1), relating to opposition proceedings between JC AB and Camper SL.

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Orders the applicant to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs);

3.

Orders the intervener to bear its own costs.


(1)  OJ C 106, 30.4.2005.


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