# C_2004273EN.01003401.xml

| 6.11.2004 | EN | Official Journal of the European Union | C 273/34 |
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6.11.2004

EN

Official Journal of the European Union

C 273/34

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Action brought on 11 August 2004 by House of Donuts International against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case T-334/04)

(2004/C 273/65)

Language in which the application was lodged: English

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 11 August 2004 by House of Donuts International, represented by N. Decker, lawyer with an address for service in Luxembourg.

Panrico S.A. was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

| — | declare that the Community Trade Mark application No 938 670 of the applicant has to be accepted; |
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declare that the Community Trade Mark application No 938 670 of the applicant has to be accepted;

| — | annul the Decision of the Fourth Board of Appeal of the OHMI of 12 May 2004 (Case R 1036/2001-4); |
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annul the Decision of the Fourth Board of Appeal of the OHMI of 12 May 2004 (Case R 1036/2001-4);

| — | order the opponent to bear the costs incurred by the applicant. |
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order the opponent to bear the costs incurred by the applicant.

Pleas in law and main arguments:

| Applicant for Community trade mark: | The applicant |
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| Community trade mark concerned: | The figurative mark ‘House of donuts “The Finest American Pastries”’ for goods and services in classes 30, 32 and 42 (e.g. doughnuts, muffins, croissants, mineral and aerated waters and restaurant, cafeteria and catering services) — application No. 938 670 |
| Proprietor of mark or sign cited in the opposition proceedings: | Panrico S.A. |
| Trade mark or sign cited in opposition: | The Spanish word marks and figurative marks ‘DONUT’ and ‘donuts’ for goods and services in classes 30, 32 and 42 (e.g. all kinds of confectionary, pastry, sweets and candies, fruit drinks and fruits juices and services of cafeteria, bar, restaurant, hotel and camping) |
| Decision of the Opposition Division: | Rejection of the trade mark application |
| Decision of the Board of Appeal: | Dismissal of the applicant's appeal |
| Pleas in law: | The trade marks in competition are not similar. The opponent should not be granted the exclusive use of the words ‘donut’ or ‘donuts’. |

Applicant for Community trade mark:

The applicant

Community trade mark concerned:

The figurative mark ‘House of donuts “The Finest American Pastries”’ for goods and services in classes 30, 32 and 42 (e.g. doughnuts, muffins, croissants, mineral and aerated waters and restaurant, cafeteria and catering services) — application No. 938 670

Proprietor of mark or sign cited in the opposition proceedings:

Panrico S.A.

Trade mark or sign cited in opposition:

The Spanish word marks and figurative marks ‘DONUT’ and ‘donuts’ for goods and services in classes 30, 32 and 42 (e.g. all kinds of confectionary, pastry, sweets and candies, fruit drinks and fruits juices and services of cafeteria, bar, restaurant, hotel and camping)

Decision of the Opposition Division:

Rejection of the trade mark application

Decision of the Board of Appeal:

Dismissal of the applicant's appeal

Pleas in law:

The trade marks in competition are not similar. The opponent should not be granted the exclusive use of the words ‘donut’ or ‘donuts’.

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