Notice for the OJ

 

     JUDGMENT OF THE COURT OF FIRST INSTANCE

     23 October 2002

in Case T-104/01: Claudia Oberhauser v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)(¹)

    (Community trade mark ( Opposition ( Earlier figurative mark containing the term 'miss fifties' ( Application for Community word mark 'Fifties' ( Relative ground for refusal ( Likelihood of confusion (

Article 8(1)(b) of Regulation (EC) No 40/94)

    (Language of the case: German)

In Case T-104/01, Claudia Oberhauser, established in Munich (Germany), represented by M. Graf, lawyer, v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agent: G. Schneider), the other party to the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) being Petit Liberto, SA, established in Vidreres (Spain): Action brought against the decision of the Second Chamber Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 February 2001 (Case R 757/1999-2), the Court of First Instance (Fourth Chamber), composed of: M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; D. Christensen, Administrator, for the Registrar, has given a judgment on 23 October 2002, in which it:

1.Dismisses the application;

2.Orders the applicant to pay the costs.

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¹ - OJ C 227 of 11.8.2001