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Document C2006/224/86

    Case T-97/05: Judgment of the Court of First Instance of 12 July 2006 — Rossi v OHIM — Marcorossi (MARCOROSSI) (Community trade mark — Opposition proceedings — Application for Community word mark MARCOROSSI — Earlier national and international word marks MISS ROSSI — Earlier Community word mark SERGIO ROSSI — Relative ground of refusal — Likelihood of confusion)

    JO C 224, 16.9.2006, p. 40–40 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    16.9.2006   

    EN

    Official Journal of the European Union

    C 224/40


    Judgment of the Court of First Instance of 12 July 2006 — Rossi v OHIM — Marcorossi (MARCOROSSI)

    (Case T-97/05) (1)

    (Community trade mark - Opposition proceedings - Application for Community word mark MARCOROSSI - Earlier national and international word marks MISS ROSSI - Earlier Community word mark SERGIO ROSSI - Relative ground of refusal - Likelihood of confusion)

    (2006/C 224/86)

    Language of the case: Italian

    Parties

    Applicant: Sergio Rossi SpA (San Mauro Pascoli, Italy) (represented by: A Ruo, lawyer)

    Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, acting as Agent)

    Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Marcorossi Srl (Bodio Lommago, Italy) (represented by: P. Roncaglia, G. Lazzeretti, M. Boleto and E. Gavuzzi, lawyers)

    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

    Operative part of the judgment

    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.


    (1)  OJ C 115, 14.5.2005.


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