Notice for the OJ

 

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 11 May 2005

in Case T-31/03 Grupo Sada PA SA v Office for Harmonisation in the Internal Market (trade marks and designs) (OHIM) ¹

(Community trade mark - Opposition proceedings - Application for a figurative Community trade mark containing the verbal element "GRUPO SADA" - Earlier figurative national trade mark including the verbal element "sadia" - Refusal in part to register - Article 8(1)(b) of Regulation (EC) No 40/94)

(Language of the case: Spanish)

In Case T-31/03: Grupo Sada PA SA, established in Madrid, Spain, represented by A. Aguilar De Armas and J. Marrero Ortega, lawyers, against the Office for Harmonisation in the Internal Market (trade marks and designs) (OHIM) (Agents: J. García Murillo and G. Schneider), the other party to the proceedings before the Board of Appeal of the OHIM, intervening before the Court of First Instance, being Sadia SA, established at Concordia (Brazil), represented by J. García del Santo and P. García Cabrerizo, lawyers ( application for annulment of the decision of the First Board of Appeal of the OHIM of 20 November 2002 (case R 567/2001-1) ( the Court of First Instance (Fourth Chamber), composed of H. Legal, President, P. Mengozzi and I. Wiszniewska-Bialecka, Judges; B. Pastor, Registrar, has given a judgment on 11 May 2005, in which it:

Dismisses the action.

Orders the applicant to pay the costs.

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¹ - . OJ C 70 of 22 March 2003