This document is an excerpt from the EUR-Lex website
Document C2006/224/81
Case T-252/04: Judgment of the Court of First Instance of 11 July 2006 — Caviar Anzali v OHIM — Novomarket (Asetra) (Community trade mark — Opposition proceedings — Application for Community figurative trade mark ASETRA — Previous national and international figurative trade mark CAVIAR ASTARA — Relative grounds for refusal — Risk of confusion — Rejection of opposition for failure to produce documents within the prescribed periods — Evidence produced for the first time before the Board of Appeal — Admissibility — Scope of the examination conducted by the Boards of Appeal — Articles 62 and 74 of Regulation (EC) No 40/94)
Case T-252/04: Judgment of the Court of First Instance of 11 July 2006 — Caviar Anzali v OHIM — Novomarket (Asetra) (Community trade mark — Opposition proceedings — Application for Community figurative trade mark ASETRA — Previous national and international figurative trade mark CAVIAR ASTARA — Relative grounds for refusal — Risk of confusion — Rejection of opposition for failure to produce documents within the prescribed periods — Evidence produced for the first time before the Board of Appeal — Admissibility — Scope of the examination conducted by the Boards of Appeal — Articles 62 and 74 of Regulation (EC) No 40/94)
Case T-252/04: Judgment of the Court of First Instance of 11 July 2006 — Caviar Anzali v OHIM — Novomarket (Asetra) (Community trade mark — Opposition proceedings — Application for Community figurative trade mark ASETRA — Previous national and international figurative trade mark CAVIAR ASTARA — Relative grounds for refusal — Risk of confusion — Rejection of opposition for failure to produce documents within the prescribed periods — Evidence produced for the first time before the Board of Appeal — Admissibility — Scope of the examination conducted by the Boards of Appeal — Articles 62 and 74 of Regulation (EC) No 40/94)
ĠU C 224, 16.9.2006, p. 38–38
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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16.9.2006 |
EN |
Official Journal of the European Union |
C 224/38 |
Judgment of the Court of First Instance of 11 July 2006 — Caviar Anzali v OHIM — Novomarket (Asetra)
(Case T-252/04) (1)
(Community trade mark - Opposition proceedings - Application for Community figurative trade mark ASETRA - Previous national and international figurative trade mark CAVIAR ASTARA - Relative grounds for refusal - Risk of confusion - Rejection of opposition for failure to produce documents within the prescribed periods - Evidence produced for the first time before the Board of Appeal - Admissibility - Scope of the examination conducted by the Boards of Appeal - Articles 62 and 74 of Regulation (EC) No 40/94)
(2006/C 224/81)
Language of the case: French
Parties
Applicant: Caviar Anzali SAS (Colombes, France) (represented by: J.-F. Jésus, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M.A. Folliard-Monguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Novomarket, SA (Madrid, Spain)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 19 April 2004 (Case R 479/2003-2) concerning the opposition proceedings between Caviar Anzali SAS and Novomarket, SA
Operative part of the judgment
The Court:
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1. |
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 19 April 2004 (Case R 479/2003-2); |
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2. |
Orders OHIM to pay the costs. |