Judgment of the Court of First Instance of 16 November 2006 - Lichtwer Pharma AG v OHIM - Laboratoire Lafon (Lyco-A)
(Community trade mark - Opposition proceedings - Application for Community word mark Lyco-A - Admissibility of the appeal before the Board of Appeal - Cost of proceedings - Apportionment)
Language of the case: German
Parties
Applicant: Lichtwer Pharma AG (Berlin, Germany) (represented by: H. Kunz-Hallstein and R. Kunz-Hallstein, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Weberndörfer, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Laboratoire L. Lafon SA (Maisons-Alfort, France)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 13 November 2003 (Case R 1007/2002-4) insofar as that decision rules on the apportionment of the costs incurred in the opposition and appeal proceedings
Operative part of the judgment
The Court:
Annuls paragraph 2 of the operative part of the decision of 13 November 2003 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Case R 1007/2002-4);
2. Orders OHIM to pay the costs.
____________1 - OJ C 106, 30.4.2004.