Judgment of the Court of First Instance of 5 April 2006 - Madaus v OHIM
(Community trade mark - Opposition proceedings - Previous international word mark ECHINACIN - Application for Community word mark ECHINAID - Relative grounds for refusal - Article 8(1)(b) of Regulation (EC) No 40/94)
Language of the case: English
Parties
Applicant: Madaus AG (Cologne, Germany) (represented by: I. Valdelomar Serrano, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves, agent)
Other party to the proceedings before the Board of Appeal of OHIM: Optima Healthcare Ltd (Cardiff, United Kingdom)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 30 March 2004 (Case R 714/2002-2) concerning the opposition proceedings between Madaus AG and Optima Healthcare Ltd
Operative part of the judgment
The Court:
1. Dismisses the application;
2. Orders the applicant to pay the costs.
____________1 - OJ C 201 of 7.8.2004