Case T-8/02: Action brought on 14 January 2002 by Zapf Creation AG against the Office for Harmonisation in the Internal Market
Date: 2002-05-04
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment, toy industry, trade mark, trade-mark law

C 109/48

EN

Official Journal of the European Communities

4.5.2002

Action brought on 14 January 2002 by Zapf Creation AG
against the Office for Harmonisation in the Internal
Market

Grounds of claim:

(Case T-8/02)

(2002/C 109/95)

Violation of Article 43, Section 2
of Regulation 40/94 (1) since there
was no satisfactory proof of the
the opposing
genuine use of
trademark
of
violation
and
Article 8, Section 1 b) of Regu-
lation 40/94 since there is no
danger of confusion.

(Language of the case: English)

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 11, p. 1).

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 14 January 2002 by Zapf Creation
AG, represented by Mr Axel Kockläuner of Meissner Bolte &
Partner, Munich (Germany).

The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of
29 October 2001 in case R 418/2001-1 relating to
Opposition Proceedings no. B 97230 and Community
trade mark application no. 50229 ‘Colette Zapf Creation
Kombi Collection’

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

Zapf Creation AG

The Community trade
mark concerned:

The figurative mark ‘Colette Zapf
for
Creation Kombi Collection’
certain goods in class 28

Proprietor of the right to
the trade mark or sign
asserted by way of oppo-
sition in the opposition
proceedings:

Trade mark or
sign
asserted by way of oppo-
sition in the opposition
proceedings:

Jesmar S.A.

The Spanish word mark ‘Colette’
for certain goods in class 28

Decision of the Oppo-
sition Division:

Rejection of the opposition by
Jesmar S.A.

Action brought on 30 January 2002 by Agrofair Benelux
BV, Volta River Estates Limited, SH Pratt & Co (Bananas)
Ltd and M W Mack Limited against the Commission of
the European Communities

(Case T-14/02)

(2002/C 109/96)

(Language of the case: English)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 30 January 2002 by Agrofair
Benelux BV, Volta River Estates Limited, SH Pratt & Co
(Bananas) Ltd and M W Mack Limited, represented by Mr Phil-
ippe Vlaemminck and Mr Pieter De Wael of Vlaemminck &
Partners, Ghent (Belgium).

The applicant claims that the Court should:

— annul Article 1, third indent and Article 2(4) of Com-
mission Regulation (EC) No 2294/2001 of 26 November
2001 fixing certain indicative quantities and individual
ceilings for the issue of licences for imports of bananas
into the Community for the first quarter of 2002 under
the tariff quotas to the extent that the applicants can only
import a maximum of 8 % of their annual allocation
during the first quarter of 2002;

Decision of the Board of
Appeal:

Admission of the appeal lodged
by Jesmar S.A.

— order the Commission to pay the costs of the applicant
companies in the present proceedings including the costs
of the interim proceedings.