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Case C-488/06 P: Judgment of the Court (Second Chamber) of 17 July 2008 — L & D SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Julius Sämann Ltd (Appeal — Community trade mark — Regulation (EC) No 40/94 — Articles 8(1)(b) and 73 — Figurative mark Aire Limpio — Community, national and international figurative marks representing a fir tree with various names — Opposition by the proprietor — Partial refusal to register — Inference of the particularly distinctive character of the earlier mark from evidence relating to another mark)
ECLI:EU:UNKNOWN:62006CA0488
62006CA0488
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30.8.2008
Official Journal of the European Union
C 223/9
(Case C-488/06 P)(*1)
(Appeal - Community trade mark - Regulation (EC) No 40/94 - Articles 8(1)(b) and 73 - Figurative mark ‘Aire Limpio’ - Community, national and international figurative marks representing a fir tree with various names - Opposition by the proprietor - Partial refusal to register - Inference of the particularly distinctive character of the earlier mark from evidence relating to another mark)
(2008/C 223/13)
Language of the case: Spanish
Parties
Applicant: L & D SA (represented by: S. Miralles Miravet, abogado)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo, Agent), Julius Sämann Ltd (represented by: E. Armijo Chávarri, abogado)
Re:
Appeal against the judgment of the Court of First Instance (Fourth Chamber) of 7 September 2006 in Case T-168/04 L & D SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Julius Sämann Ltd, by which the Court dismissed an application for partial annulment of the decision of the Second Board of Appeal of OHIM of 15 March 2004 (Case R 326/2003-2) in respect of opposition proceedings between Julius Sämann Ltd and L&D SA
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders L & D SA to pay the costs.
* * *
(*1) OJ C 20, 27.1.2007.