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Case C-398/07 P: Judgment of the Court (Fifth Chamber) of 7 May 2009 — Waterford Wedgwood plc v Assembled Investments (Proprietary) Ltd, Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Figurative mark WATERFORD STELLENBOSCH — Opposition by the proprietor of the Community word mark WATERFORD — Refusal to register by the Board of Appeal)
ECLI:EU:UNKNOWN:62007CA0398
62007CA0398
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Official Journal of the European Union
(Case C-398/07 P) (*)
(Appeal - Community trade mark - Figurative mark WATERFORD STELLENBOSCH - Opposition by the proprietor of the Community word mark WATERFORD - Refusal to register by the Board of Appeal)
2009/C 153/12
Language of the case: English
Parties
Appellant: Waterford Wedgwood plc (represented by: J. Pagenberg, Rechtsanwalt)
Other parties to the proceedings: Assembled Investments (Proprietary) Ltd (represented by: P. Hagman, asianajaja, and J. Palm, tavaramerkkiasiamies), Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Re:
Appeal against the judgment of the Second Chamber of the Court of First Instance of 12 June 2007 in Case T-105/05 Assembled Investments (Proprietary) v Office for Harmonisation in the Internal Market (Trade Marks and Designs)(OHIM) annulling Decision R 240/2004-1 of the First Board of Appeal of OHIM of 15 December 2004 which annulled the decision of the Opposition Division dismissing the opposition filed by the proprietor of the Community word mark ‘WATERFORD’ in respect of goods in Classes 3, 8, 11, 21, 24 and 34
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Waterford Wedgwood plc to pay the costs.
* * *
(*) Language of the case: English.
ECLI:EU:C:2009:299
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