# C_2004094EN.01004303.xml

| 17.4.2004 | EN | Official Journal of the European Union | C 94/43 |
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17.4.2004

EN

Official Journal of the European Union

C 94/43

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Action brought on 19 March 2003 by Mast-Jägermeister AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-103/03)

(2004/C 94/124)

Language of the case to be determined pursuant to Article 131(2) of the Rules of Procedure language in which the application was submitted: German)

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 19 March 2003 by Mast-Jägermeister AG, Wolfenbüttel (Germany), represented by C. Drzymalla, lawyer. Licorera Zacapaneca S.A., Zacapa, (Guatemala) was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

| — | set aside the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 January 2003 (Case R 407/2002-1); |
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set aside the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 January 2003 (Case R 407/2002-1);

| — | order the Office to pay the costs. |
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order the Office to pay the costs.

Pleas in law and main arguments:

| Applicant for Community trade mark: | Licorera Zacapaneca S.A. |
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| Community trade mark sought: | the figurative mark ‘VENADO’ for goods in Classes 32 and 33 (inter alia, mineral and aerated waters and other non-alcoholic drinks, rum, rum liqueurs and brandy) — Application No 986976 |
| Proprietor of mark or sign cited in the opposition proceedings: | the applicant |
| Mark or sign cited in opposition: | the figurative mark in the form of a stag's head with a cross for goods in Classes 18, 25, 32 and 33 (inter alia, umbrellas, clothing, non-alcoholic beverages included in Class 32, wines and spirits) — Trade mark No 337337 |
| Decision of the Opposition Division: | rejection of the application |
| Decision of the Board of Appeal: | the opposition of the applicant for the mark was allowed and the objection of the applicant before the Court dismissed |
| Pleas in law: | infringement of Article 73 of Regulation (EC) No 40/94;
  incorrect application of Article 8(1)(b) of Regulation (EC) No 40/94;
  incorrect appraisal of the similarity of the marks;
  failure to take into account the reputation of the objection mark. |

Applicant for Community trade mark:

Licorera Zacapaneca S.A.

Community trade mark sought:

the figurative mark ‘VENADO’ for goods in Classes 32 and 33 (inter alia, mineral and aerated waters and other non-alcoholic drinks, rum, rum liqueurs and brandy) — Application No 986976

inter alia

Proprietor of mark or sign cited in the opposition proceedings:

the applicant

Mark or sign cited in opposition:

the figurative mark in the form of a stag's head with a cross for goods in Classes 18, 25, 32 and 33 (inter alia, umbrellas, clothing, non-alcoholic beverages included in Class 32, wines and spirits) — Trade mark No 337337

inter alia

Decision of the Opposition Division:

rejection of the application

Decision of the Board of Appeal:

the opposition of the applicant for the mark was allowed and the objection of the applicant before the Court dismissed

Pleas in law:

infringement of Article 73 of Regulation (EC) No 40/94;

incorrect application of Article 8(1)(b) of Regulation (EC) No 40/94;

incorrect appraisal of the similarity of the marks;

failure to take into account the reputation of the objection mark.

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