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Document 62006TO0373
Summary of the Order
Summary of the Order
Keywords
Subject of the case
Operative part
Community trade mark
–
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 32-33, 65-66
)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 5 October 2006 (Case R 1069/2005-1), relating to opposition proceedings between Dr. Grandel GmbH and Matthias Rath.
Information relating to the case
>lt>15
Operative part
The Court:
1. Dismisses the action as manifestly lacking any foundation in law;
2. Orders Matthias Rath to bear his own costs and pay those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Dr. Grandel GmbH.