Judgment of the Court of First Instance of 6 September 2006 - DEF-TEC Defense Technology v OHIM - Defense Technology (FIRST DEFENSE AEROSOL PEPPER PROJECTOR)
(Community trade mark - Opposition proceedings - Application for figurative mark FIRST DEFENSE AEROSOL PEPPER PROJECTOR - Relative ground for refusal - Article 8(3) of Regulation (EC) No 40/94 - Existence of trade mark proprietor's consent)
Language of the case: English
Parties
Applicant: DEF-TEC Defense Technology GmbH (Frankfurt am Main, Germany) (represented by: H. Daniel, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: D. Botis, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Defense Technology Corporation of America (Jacksonville, Florida) (represented by: G. Würtenberger and R. Kunze, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 8 November 2004 (Case R 493/2002-2), relating to opposition proceedings between DEF-TEC Defense Technology GmbH and Defense Technology Corporation of America
Operative part of the judgment
The Court:
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 8 November 2004 (Case R 493/2002 2);
2. Orders OHIM to bear its own costs and the costs of the applicant, except those relating to the intervention;
3. Orders the applicant to bear the costs relating to the intervention;
4. Orders the intervener to bear its own costs.
____________1 - OJ C 82, 2.4.2005.