Notice for the OJ
JUDGMENT OF THE COURT OF FIRST INSTANCE
(Fourth Chamber)
3 March 2004
In Case T-355/02: Mülhens GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1) (Community trade mark - Opposition procedure - Likelihood of confusion - Application for Community word mark ZIRH - Earlier Community figurative mark including the word 'sir' - Article 8(1)(b) of Regulation (EC) No 40/94)
(Language of the case: English)
In Case T-355/02, Mülhens GmbH & Co. KG, established in Cologne (Germany), represented by T. Schulte-Beckhausen, lawyer, v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: J. S. Laitinen and L. Rampini), the other party to the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) being Zirh International Corp., established in New York, New York (United States of America), represented by B. Nuseibeh, lawyer: Action brought against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 October 2002 (Case R 657/2001-2) concerning an opposition procedure between Mülhens GmbH & Co. KG and Zirh International Corp., the Court of First Instance (Fourth Chamber), composed of V. Tiili, President, P. Mengozzi and M. Vilaras, Judges; J. Plingers, Administrator, for the Registrar, has given a judgment on 3 March 2004, in which it:
Dismisses the action;
Orders the applicant to pay the costs.
____________1 - OJ C 70 of 22.03.2003.