Judgment of the Court of First Instance of 4 October 2006 - Monte di Massima v OHIM - Höfferle Internationale (Valle della Luna)
(Community trade mark - Opposition procedure - Application for figurative Community trade mark Valle della Luna - Earlier national figurative mark VALLE DE LA LUNA - Proof of use of the earlier mark - Article 15(2)(a), and Article 43(2) and (3) of Regulation (EC) No 40/94)
Language of the case: Italian
Parties
Applicant: Monte di Massima SAS di Pruneddu Leonardo & C. (Viddalba, Italy) (represented by: E. Masu and P. Pittalis, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M.L. Capostagno, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: J.M. Höfferle Internationale Handelsgesellschaft mbH (Hamburg, Germany) (represented by: G. Brugmann, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 24 Noevember 2004 (Case R 269/2004-1), concerning opposition proceedings between Monte di Massima SAS di Pruneddu Leonardo & C. and J.M. Höfferle Internationale Handelsgesellschaft mbH.
Operative part
The Court
Dismisses the action;
Orders the applicant to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and by the intervener.
____________1 - OJ C 115, 14.5.2005