Judgment of the Court of First Instance of 13 September 2006 - MIP METRO v OHIM Tesco Stores (METRO)
(Community trade mark - Opposition proceedings - Application for a figurative mark consisting of the word mark METRO - Earlier national word mark METRO - Expiry of protection of earlier national trade mark)
Language of the case: English
Parties
Applicant: MIP METRO Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany) (represented by: R. Kaase, avocat)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance: Tesco Stores Ltd (Cheshunt, United Kingdom) (represented by: S. Malynicz, Barrister)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 23 March 2004 (Case R 486/2003-1), relating to opposition proceedings between MIP Metro Group Intellectual Property GmbH & Co. KG and Tesco Stores Ltd.
Operative part of the judgment
The Court:
Declares that the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 March 2004 (Case R 486/2003-1) is annulled;
Orders OHIM to bear its own costs and to pay those incurred by the applicant;
Orders the intervener to bear its own costs.
____________1 - OJ C 201, 7.8.2004.