CELEX: 62008TJ0351
Community trade mark
Opposition proceedings
Application for Community figurative mark MATRATZEN CONCORD
Earlier national word mark MATRATZEN
Relative ground for refusal
Evidence of use of the earlier mark
Obligation to state the reasons on which a decision is based
Article 73 of Regulation (EC) No 40/94 (now Article 75 of Regulation (EC) No 207/2009)

ACTION brought against the decision of the Second Board of Appeal of OHIM of 30 May 2008 (Case R 1034/2007‑2), relating to
opposition proceedings between (i) Pablo Barranco Schnitzler and Mariano Barranco Rodriguez and (ii) Matratzen Concord GmbH.
Information relating to the case
Applicant for the Community trade mark:
Matratzen Concord GmbH
Community trade mark sought:
Figurative mark MATRATZEN CONCORD for goods in Classes 10, 20 and 24 – Application No 3355369
Proprietor of the mark or sign cited in the opposition proceedings:
Pablo Barranco Schnitzler and Mariano Barranco Rodriguez
Mark or sign cited in opposition:
National word mark MATRATZEN for goods in Class 20
Decision of the Opposition Division:
Refusal of the application for a Community trade mark
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) of 30 May 2008 (Case R 1034/2007‑2);
2.
Orders OHIM to pay the costs.