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Document C2004/239/44

Judgment of the Court of First Instance of 13 July 2004 in Case T-115/03: Samar SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for Community word mark GAS STATION — Earlier national figurative mark BLUE JEANS GAS — Registration refused)

IO C 239, 25.9.2004, p. 21–21 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

25.9.2004   

EN

Official Journal of the European Union

C 239/21


JUDGMENT OF THE COURT OF FIRST INSTANCE

of 13 July 2004

in Case T-115/03: Samar SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark GAS STATION - Earlier national figurative mark BLUE JEANS GAS - Registration refused)

(2004/C 239/44)

Language of the case: Italian

In Case T-115/03: Samar SpA, established in Mottalciata (Italy), represented by A. Ruo, lawyer, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: O. Montalto and M.L. Capostagno), the other party to the proceedings before the OHIM Board of Appeal, and intervening before the Court of First Instance, being Grotto SpA, established in Vicenza (Italy), represented by M. Bosshard and S. Verea, lawyers — action brought against the decision of the Third Board of Appeal of OHIM of 30 January 2003 (Case R 340/2002-3), concerning the opposition of the proprietor of the national figurative mark BLUE JEANS GAS to registration of the Community word mark GAS STATION — the Court of First Instance (Second Chamber), composed of: J. Pirrung, President, A.W.H. Meij and N.J. Forwood, Judges; J. Palacio González, Principal Administrator, for the Registrar, has given a judgment on 13 July 2004, in which it:

1.

Dismisses the action;

2.

Orders the applicant to pay the costs.


(1)  OJ C 135 of 7.6.2003.


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