Judgment of the Court of First Instance of 15 December 2006 - Ferrero Deutschland v OHIM - Cornu (FERRO)
(Community trade mark - Opposition proceedings - Application for the Community word mark FERRO - Earlier national word mark FERRERO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Similarity of goods)
Language of the case: French
Parties
Applicant: Ferrero Deutschland GmbH (Stadtallendorf, Germany), allowed to replace Ferrero OHG mbH (represented by: M. Schaeffer, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Rassat, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance: Cornu SA Fontain (Fontain, France) (represented by: D. Waelbroeck, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 17 March 2004 (Case R 540/2002-4), relating to opposition proceedings between Ferrero OHG and Cornu SA Fontain.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders the applicant to pay its own costs, the whole of the costs relating to the procedural issue concerning its substitution for Ferrero OHG mbH, and half of the costs incurred by the intervener;
3. Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay its own costs and half of those incurred by the intervener.
____________1 - OJ C 262, 23.10.2004.