EuGH · C-235/05

Subject of the case Operative part Subject of the case Re: Appeal against the judgment of the Court of First Instance (Second Chamber) of 16 March 2005 in Case T-112/03 L’Oréal v OHIM dismissing as unfounded an application brought by the applicant for the Community word mark FLEXI AIR for goods in Class 3 for the annulment of decision R 0396/2001-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 15 January 2003 dismissing the appeal against the decision of the Opposition Division refusing registration of that mark in opposition proceedings brought by the proprietor of the national word marks FLEX for goods in Classes 3 and 34. Operative part Operative part The Court: 1. Dismisses the appeal; 2. Orders Oréal SA to pay the costs.