Judgment of the General Court (Third Chamber) of 14 December 2006. – Salvatore Gagliardi v European Union Intellectual Property Office.

Subject of the case

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 June 2004 (Case R 154/2002-4), relating to opposition proceedings between Norma Lebensmittelfilialbetrieb GmbH & Co. KG and Salvatore Gagliardi.

Information relating to the case

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Operative part

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 15 June 2004 (Case R 154/2002-4) in so far as it refuses the application for registration of the mark MANŪ MANU MANU, first, for ‘footwear’ and ‘headgear’ in Class 25 and second, for goods in Classes 18 and 24;

2. Dismisses the remainder of the action;

3. Orders OHIM to bear its own costs and a third of those incurred by the applicant;

4. Orders the applicant, Salvatore Gagliardi, to bear two thirds of its own costs;

5. Orders the intervener, Norma Lebensmittelfilialbetrieb GmbH & Co. KG, to bear its own costs.