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Valentina R., lawyer
(Community trade mark - Opposition proceedings - Application for a figurative Community trade mark depicting a pelican - Earlier Community or national figurative trade mark Pelikan - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)
(2008/C 128/63)
Language of the case: English
Applicant: Dainichiseika Colour & Chemicals Mfg. Co. Ltd (Tokyo, Japan) (represented by: J. Hofmann and B. Linstow, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Laporta Insa, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Pelikan Vertriebsgessellschaft mbH & Co.KG (Hanover, Germany) (represented by: A. Renck, V. von Bomhard and A. Pohlmann, and subsequently by A. Renck, V. von Bomhard and T. Dolde, lawyers)
Action brought against the decision of the Second Chamber of the Board of Appeal of OHIM of 18 September 2003 (Case R 191/2002-2) relating to opposition proceedings between Pelikan Vertriebsgesellschaft mbH & Co. KG and Dainichiseika Colour & Chemicals Mfg. Co. Ltd.
The Court:
1.Dismisses the action.
2.Orders Dainichiseika Colour & Chemicals Mfg. Co. Ltd to pay the costs.
* * *
(1) OJ C 21, 21.1.2004.