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 50-51

)

Subject of the case

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 14 September 2005 (Case R 1068/2004‑1), relating to opposition proceedings between Fujitsu Siemens Computers GmbH and Gateway, Inc.

Information relating to the case

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Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Gateway, Inc., to bear its own costs and to pay those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs).