Language of document :

Judgment of the Court of First Instance of 30 November 2006 - Camper v OHIM - JC (BROTHERS by CAMPER)

(Case T-43/05) 1

(Community trade mark - Opposition proceedings - Application for Community figurative trade mark BROTHERS by CAMPER - Earlier national figurative trade marks BROTHERS - Inadmissibility - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 40/94)

Language of the case: English

Parties

Applicant: Camper, SL, (Inca, Spain) (represented by: I. Temiño Ceniceros, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves, agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: JC AB, (Mölnlycke, Sweden), (represented by P. Hedberg, lawyer)

Re:

Action brought against the decision of the First Chamber of the Board of Appeal of OHIM of 29 November 2004 (Case R 170/2004-1), relating to opposition proceedings between JC AB and Camper SL.

Operative part of the judgment

The Court:

Dismisses the action;

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);

Orders the intervener to bear its own costs.

____________

1 - OJ C 106, 30.4.2005.