||All England Reporter
|| All ER (D) 340 (Oct)
||Court of First Instance of the European Communities, Fourth Chamber
Judges Vilaras (President), Tiili and Mengozzi
||23 October 2002
European Communities - Trade mark - Community trade mark - Likelihood of confusion - Acronym - ELS - Council Regulation (EC) 40/94, arts 8(1)(b), 73.
In the instant case, the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) had simply found that certain services in question had been different without giving any reasons. That matter had not been raised by the applicant, but it could, indeed should, be raised by the Community Court of its own motion as a matter of public interest. OHIM had failed to fulfil its obligation to provide reasons under art73 of the Council Regulation(EC) 40-94 (on the Community trade mark), and consequently that aspect of the contested decision would be annulled.
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