Judgments nº T-221/06 of Court of First Instance of the European Communities, of September 16, 2009

In Case T-221/06,

Hipp & Co. KG, established in Sachseln (Switzerland), represented by M. Kinkeldey and A. Bognár, lawyers,

applicant,

v

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by S. Latinien and A. Folliard-Mongiural, acting as Agents,

defendant,

the other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance, being

Laboratoris Ordesa, SL, established in Sant Boi e Llobregat (Spain), represented by R. Thierie and E. Sugrañes Coca, lawyers,

ACTION brought against the decision of the First Board of Appeal of OHIM of 2 June 2006 (Case R 571/2005-1), relating to opposition proceedings between Laboratorios Ordesa, SL and Hipp & Co. KG,

THE COURT OF FIRST INSTANCEOF THE EUROPEAN COMMUNITIES (Seventh Chamber),

composed of N.J. Forwood, President, D. -váby (Rapporteur) and E. Moavero Milanesi, Judges,

Registrar: N. Rosner, Administrator,

having regard to the application lodged at the Registry of the Court of First Instance on 18 August 2006,

having regard to the response of OHIM lodged at the Registry of the Court of First Instance on 5 December 2006,

having regard to the response of the intervener lodged at the Registry of the Court of First Instance on 17 November 2006,

further to the hearing on 13 November 2008,

gives the following

Judgment

Background to the dispute

1         On 19 November 2001, the applicant, Hipp & Co. KG, filed an application for a Community trade mark in respect of the word mark Bebimil at the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) under Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1), as amended (replaced by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)).

2         The goods for which registration of the trade mark was sought are in Classes 5, 29, 30 and 32 of the Nice Agreement concerning ...

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