Judgment of the Court of First Instance of 22 March 2007 - SIGLA v OHIM - Elleni Holding (VIPS)
(Community trade mark - Opposition proceedings - Application for the Community word mark VIPS - Earlier national word mark VIPS - Article 8(5) of Regulation (EC) No 40/94 - Article 74 of Regulation (EC) No 40/94 - Principle that the parties delimit the subject matter of the proceedings - Rights of the defence)
Language of the case: Spanish
Parties
Applicant: SIGLA SA (Madrid, Spain) (represented by: E. Armijo Chávarri, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. de Medrano Caballero and G. Schneider, Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Elleni Holding BV (Alphen aan de Rijn, Netherlands)
Re:
Action brought against the decision of the Third Board of Appeal of OHIM of 1 April 2003 (Case R 1127/2000-3) relating to opposition proceedings between SIGLA SA and Elleni Holding BV
Operative part of the judgment
The Court:
1. Annuls the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal market (Trade Marks and Designs) of 1 April 2003 (Case R 1127/2000-3);
2. Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs incurred by the applicant.
____________1 - OJ C 200, 23.8.2003.