Notice for the OJ

 

Judgment of the Court of First Instance of 31 March 2004 in Case T-20/02: Interquell GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) ¹

(Community trade mark - Application for Community figurative and word mark HAPPY DOG - Earlier national word mark HAPPIDOG - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(Language of the case: German)

In Case T-20/02: Interquell GmbH, established in Wehringen (Germany), represented by G.J. Hodapp, lawyer, against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: G. Schneider and U. Pfleghar), supported by Provimi Ltd, established in Staffordshire (United Kingdom), represented by M. Kinkeldey, lawyer, the other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance, being SCA Nutrition Ltd, established in Staffordshire, represented by M. Kinkeldey - action brought against the decision of the Second Board of Appeal of OHIM of 27 November 2001 (Case R 264/2000-2) relating to opposition proceedings between Interquell GmbH and SCA Nutrition Ltd, the Court of First Instance (Fourth Chamber), composed of H. Legal, President, V. Tiili and M. Vilaras, Judges; Registrar: I. Natsinas, Administrator, gave a judgment on 31 March 2004, in which it:

1.    Dismisses the action;

2.    Orders the applicant to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and SCA Nutrition Ltd;

3.    Orders Provimi to bear its own costs

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¹ - OJ 2002 C 109.