Judgment of the Court of First Instance of 10 June 2008 - Gabel Industria Tessile SpA v OHIM - Creaciones Garel (GABEL)
(Community trade mark - Opposition proceedings - Application for the Community word mark GABEL - Earlier Community figurative mark GAREL - Partial refusal of registration - Scope of the examination to be carried out by the Board of Appeal - Obligation to rule on the entirety of the action - Article 62(1) of Regulation (EC) No 40/94)
Language of the case: Italian
Parties
Applicant: Gabel Industria Tessile SpA (Rovellasca, Italy) (represented by: A. Petruzzelli, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and L. Rampini, Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Creaciones Garel, SA. (Logroño, Spain)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 25 January 2007 (Case R 960/2006-2), relating to opposition proceedings between Creaciones Garel, SA, and Gabel Industria Tessile SpA.
Operative part of the judgment
The Court:
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 25 January 2007 (Case R 960/2006-2).
Dismisses the action as to the remainder.
Orders Gabel Industria Tessile SpA and OHIM each to bear their own costs.
____________1 - OJ C 117, 26.5.2007.