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Document 62006TJ0057
Summary of the Judgment
Summary of the Judgment
Keywords
Subject of the case
Operative part
Community trade mark – Appeals procedure – Action before the Community judicature (Rules of Procedure of the Court of First Instance, Art. 135(4); Council Regulation No 40/94, Arts 63(2) and 74(1)) (see paras 15-18)
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 88, 90)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 14 December 2005 (Case R 1147/2004‑2) concerning opposition proceedings between Erdal GmbH and NV Marly SA.
Information relating to the case
>lt>5
Operative part
The Court:
1. Dismisses the action;
2. Orders NV Marly SA to pay the costs.