Judgment of the General Court (Third Chamber) of 7 May 2009. – NHL Enterprises BV 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 6 July 2005 (Case R 371/2003-4), concerning opposition proceedings between Glory & Pompea, SA and NHL Enterprises BV.

Information relating to the case

Operative part

Appeal dismissed

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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 6 July 2005 (Case R 371/2003-4);

2. Orders OHIM to pay its own costs and those incurred by NHL Enterprises BV.