Keywords
Subject of the case
Operative part

Keywords

Community trade mark – Appeals procedure (Council Regulation No 40/94, Arts 43(5), 62(1), and 74(1)) (see paras 17-18)

2. Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – 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 59-60)

Subject of the case

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 17 June 2003 (Case R 610/2001-4) relating to opposition proceedings between Nacional Motor, SA and Volkswagen AG

Information relating to the case :

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Operative part

Operative part

The Court:

1. Sets aside paragraph 2 of the operative part of the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 17 June 2003 in so far as it dismisses the application for registration as a Community trade mark of the word sign Variant for goods and services other than those in Classes 7, 12 and 37;

2. Dismisses the remainder of the action;

3. Orders the applicant to pay the costs.