Judgment of the Court of First Instance of 11 July 2006 - Caviar Anzali v OHIM - Novomarket (Asetra)
(Community trade mark - Opposition proceedings - Application for Community figurative trade mark ASETRA - Previous national and international figurative trade mark CAVIAR ASTARA - Relative grounds for refusal - Risk of confusion - Rejection of opposition for failure to produce documents within the prescribed periods - Evidence produced for the first time before the Board of Appeal - Admissibility - Scope of the examination conducted by the Boards of Appeal - Articles 62 and 74 of Regulation (EC) No 40/94)
Language of the case: French
Parties
Applicant: Caviar Anzali SAS (Colombes, France) (represented by: J.-F. Jésus, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M.A. Folliard-Monguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Novomarket, SA (Madrid, Spain)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 19 April 2004 (Case R 479/2003-2) concerning the opposition proceedings between Caviar Anzali SAS and Novomarket, SA
Operative part of the judgment
The Court:
1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 19 April 2004 (Case R 479/2003-2);
2. Orders OHIM to pay the costs.
____________1 - OJ C 217, 28.8.2004.