Judgment of the Court of First Instance of 24 November 2005 - Sadas v OHIM
(Community trade mark - Opposition proceedings - Application for Community word mark ARTHUR ET FELICIE - Earlier figurative mark including the word element 'Arthur' - Relative ground of refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)
Language of the case: French
Parties:
Applicant(s): Sadas SA (Tourcoing, France) (represented by: A. Bertrand, lawyer)
Defendant(s): Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral and G. Schneider, Agents)
Other party or parties to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: LTJ Diffusion SA (Colombes, France) (represented by: F. Fajgenbaum and S. Lederman, lawyers)
Action
brought against the decision of the First Board of Appeal of OHIM of 7 June 2004 (Case R 393/2003-1), concerning opposition proceedings between Sadas SA and LTJ Diffusion SA
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders the applicant to pay the costs, with the exception of those incurred by the intervener;
3. Orders the intervener to bear its own costs.
____________1 - OJ C 262, 23.10.2004.