||All England Reporter
|| All ER (D) 23 (Sep)
||Court of First Instance of the European Communities (Second Chamber)
Judges Pirrung (President), Forwood and Papasavvas
||6 September 2006
European Community - Trade marks - Registration - Community trade mark - Agent - Intervener's opposition upheld in part - Whether applicant having consent to use mark - Council Regulation (EC) 40/94, art 8(3).
The applicant had received clear and unconditional consent to register the relevant trade mark from its then principal, and thus the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) had fallen into error in upholding an opposition to the trade mark based on art8(3) of Council Regulation (EC) 40-94.
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