Notice for the OJ
JUDGMENT OF THE COURT OF FIRST INSTANCE
15 October 2003
in Case T-295/01: Nordmilch eG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)(1) (Community trade mark ( Regulation (EC) No 40/94 ( OLDENBURGER ( Absolute ground for refusal ( Descriptive character ( Geographical origin ( Articles 7(1)(c) and 7(2) ( Limitation of the right conferred (
Article 12(b) ( Statement as to the scope of protection ( Article 38(2))
(Language of the case: German.)
In Case T-295/01, Nordmilch eG, established in Zeven (Germany), represented by C. Spintig, lawyer, v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: A. von Mühlendahl and G. Schneider): Action brought against the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 September 2001 (Case R 826/2000-3), concerning the application for registration of the word OLDENBURGER, the Court of First Instance (Fourth Chamber), composed of: V. Tiili, President, P. Mengozzi and M. Vilaras, Judges; D. Christensen, Administrator, for the Registrar, has given a judgment on 15 October 2003, in which it:
1.Dismisses the application;
2.Orders the applicant to pay the costs.
____________1 - OJ C 44 of 16.2.2002