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Case T-63/07: Judgment of the General Court of 17 March 2010 — Mäurer + Wirtz v OHIM — (tosca de FEDEOLIVA) (Community trade mark — Opposition proceedings — Application for Community figurative mark tosca de FEDEOLIVA — Earlier Community and national word marks TOSCA — Relative grounds for refusal — Failure to take an argument into consideration — Article 74(1) of Regulation (EC) No 40/94 (now Article 76(1) of Regulation (EC) No 207/2009))
ECLI:EU:UNKNOWN:62007TA0063
62007TA0063
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Official Journal of the European Union
C 113/40
(Case T-63/07)(<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for Community figurative mark tosca de FEDEOLIVA - Earlier Community and national word marks TOSCA - Relative grounds for refusal - Failure to take an argument into consideration - Article 74(1) of Regulation (EC) No 40/94 (now Article 76(1) of Regulation (EC) No 207/2009))
2010/C 113/62
Language of the case: English
Parties
Applicant: Mäurer + Wirtz GmbH & Co. KG (Stolberg, Germany) (represented by: D. Eickemeier, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: D. Botis, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Exportaciones Aceiteras Fedeoliva, AIE (Jaén, Spain)
Re:
Action brought against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 18 December 2006 (Case R 761/2006-2), concerning opposition proceedings between Mülhens GmbH & Co. KG and Exportaciones Aceiteras Fedeoliva, AIE.
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 December 2006 (Case R 761/2006-2), to the extent that it rejects the opposition brought on the basis of Article 8(5) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (now Article 8(5) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark);
2.Dismisses the action as to the remainder;
3.Orders Mäurer + Wirtz GmbH & Co. KG and the Office for Harmonisation in the Internal Market (Trade Marks and Designs) each to bear its own costs.
(<span class="super">1</span>) OJ C 95, 28.4.2007.