Notice for the OJ

 

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 22 June 2005

in Case T-34/04 Plus Warenhandelsgesellschaft mbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) ¹

(Community trade mark - Application for a Community figurative mark containing the verbal element 'Turkish Power' - Earlier word mark POWER - Opposition proceedings - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(Language of the case: German)

In Case T-34/04: Plus Warenhandelsgesellschaft mbH, established in Mühlheim (Germany), represented by B. Piepenbrink, lawyer, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agent: G. Schneider), the other parties to the proceedings before the OHIM Board of Appeal having been Joachim Bälz and Friemar Hiller, residing in Stuttgart (Germany) ( action brought against the decision of the Second Board of Appeal of OHIM of 25 November 2003 (Case R 620/2002-2) concerning opposition proceedings between Tengelmann Warenhandelsgesellschaft and Bälz and Hiller ( the Court of First Instance (Fourth Chamber), composed of H. Legal, President, P. Lindh and V. Vadapalas, Judges; C. Kristensen, Administrator, for the Registrar, gave a judgment on 22 June 2005, in which it:

Dismisses the application;

Orders the applicant to pay the costs.

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¹ - OJ C 106 of 30.4.2004