Notice for the OJ

 

     JUDGMENT OF THE COURT OF FIRST INSTANCE

     12 December 2002

in Case T-39/01: Kabushiki Kaisha Fernandes v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)(¹)

    (Community trade mark ( Opposition procedure ( Earlier word mark HIWATT ( Application for Community word mark HIWATT ( Proof of genuine use of earlier mark ( Article 43(2) and (3) of Regulation

(EC) No 40/94 and Rule 22 of Regulation (EC) No 2868/95)

    (Language of the case: English)

In Case T-39/01, Kabushiki Kaisha Fernandes, established in Tokyo (Japan), represented by R. Hacon, N. Phillips and I. Wood, lawyers, v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agent: S. Laitinen), the other party before the Court being Richard John Harrison, of Doncaster, South Yorkshire (United Kingdom), represented by M. Edenborough, Barrister, and S. Pilling, Solicitor: Action brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 December 2000 (Case R 116/2000-1), the Court of First Instance (Fourth Chamber), composed of: M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; J. Plingers, Administrator, for the Registrar, has given a judgment on 12 December 2002, in which it:

1.Dismisses the application;

2.Orders the applicant to pay the costs.

____________

¹ - OJ C 150 of 19.5.2001