Notice for the OJ

 

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 21 April 2005

in Case T-164/03 Ampafrance SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) ¹

(Community trade mark - Opposition proceedings - Application for Community figurative trade mark comprising the word element 'monBeBé' - Earlier word marks bebe - Relative ground of refusal - Likelihood of confusion - Article 8(1)(b) and (5) of Regulation (EC) No 40/94)

(Language of the case: French)

In Case T-164/03: Ampafrance SA, established in Cholet (France), represented by C. Bercial Arias, lawyer, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: A. Rassat and A. Folliard-Monguiral), the other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance, being Johnson and Johnson GmbH, established in Düsseldorf (Germany), represented by D. von Schultz, lawyer ( action against the decision of the First Board of Appeal of OHIM of 4 March 2003 (Case R 220/2002-1), concerning opposition proceedings between Ampafrance SA and Johnson & Johnson GmbH ─ the Court of First Instance (Third Chamber), composed of M. Jaeger, President, V. Tiili and O. Czúcz, Judges; J. Plingers Administrator, for the Registrar, gave a judgment on 21 April 2005, in which it:

Dismisses the action;

Orders the applicant to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs);

Orders the intervener to bear its own costs.

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¹ - OJ C 184, 2.08.2003.