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R 0267/2007-3

Kort resume:

Consequently, the Board finds that that there is use of the International trade mark No 743 602 in the contested design within the meaning of Article 25(1)(e) CDR, the use of which the respondent is entitled to prevent pursuant to Article 5(1)(a) TMD and the harmonised laws of the relevant Member States. For the above reasons, the appeal is dismissed and the contested decision declaring the registered Community design invalid is upheld.

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