Judgment of the Court of First Instance of 15 March 2006 - Athinaiki Oikogenaiki Artopoiia v OHIM
(Community trade mark - Opposition proceedings - Earlier word mark FERRERO - Application for Community figurative trade mark containing the verbal element 'FERRÓ' - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)
Language of the case: English
Parties:
Applicant: Athinaiki Oikogenaiki Artopoiia AVEE (Pikermi, Greece) (represented by: C. Chrissanthis, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance: Ferrero OHG mbH (Stadtallendorf, Germany) (represented by: M. Schaeffer, lawyer)
Action
brought against the decision of the First Board of Appeal of OHIM of 1 December 2003 (Case R 460/2002-1), relating to opposition proceedings between Athinaiki Oikogeniaki Artopoiia AVEE and Ferrero OHG mbH.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders the applicant to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs);
3. Orders the intervener to bear its own costs.
____________1 - OJ C 94, of 17.4.2004.