Keywords
Subject of the case
Operative part

Keywords

Community trade mark

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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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 46-47, 51

)

Subject of the case

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 17 December 2004 (Case R 226/2003‑2) concerning opposition proceedings between Sergio Rossi SpA and Marcorossi Srl.

Information relating to the case

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Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs incurred by the intervener and to bear its own costs;

3. Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to bear its own costs.