Judgment of the Court of First Instance of 14 December 2006 - Mast-Jägermeister v OHIM - Licorera Zacapaneca (VENADO with frame)

(Joined Cases T-81/03, T-82/03 and T-103/03) ¹

(Community trade mark − Opposition proceedings - Applications for Community figurative marks VENADO with frame, VENADO and VENADO ESPECIAL − Earlier Community figurative marks representing a deer's head facing forward in a circle - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

Language of the case: Spanish

Parties

Applicant: Mast-Jägermeister AG (Wolfenbüttel, Germany) (represented by: C. Drzymalla, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Licorera Zacapaneca SA (Santa Cruz, Guatemala) (represented by: L. Corno Caparrós and B. Uriarte Valiente, lawyers)

Re:

Three actions brought against the decisions of the First Board of Appeal of OHIM of 19 December 2002 (Case R 412/2002-1 and Case R 382/2002-1) and 14 January 2003 (Case R 407/2002-1), relating to opposition proceedings between Licorera Zacapaneca SA and Mast-Jägermeister AG.

Operative part of the judgment

The Court:

Annuls the decisions of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 December 2002 (Case R 412/2002-1 and Case R 382/2002-1) and of 14 January 2003 (Case R 407/2002-1);

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

Orders the intervener to bear its own costs.

____________

¹ - OJ C 112, 10.5.2003.