Case T-58/02: Action brought on 25 February 2002 by Kabushiki Kaisha Kenwood against the Office for Harmonisation in the Internal Market — A further party to the proceedings before the Board of Appeal was Karstadt Quelle Aktiengesellschaft
Date: 2002-06-01
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

1.6.2002

EN

Official Journal of the European Communities

C 131/19

Action brought on 26 February 2002 by Brasserie Jules
Simon & Cie against the Commission of the European
Communities

The applicant claims that the Court should:

— annul the contested decision no. R0612/1999-2,

(Case T-50/02)

(2002/C 131/36)

(Language of the case: French)

— order the defendant to pay the costs.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 26 February 2002 by Brasserie
Jules Simon & Cie, established at Wiltz (Luxembourg), rep-
resented by Alexandre Carnelutti and Jerry Mosar, lawyers.

The applicant claims that the Court should:

— annul Article 1 of the Commission’s decision of 5 Decem-
ber 2001 in Case COMP/37800/F3 — Brasseries Luxem-
bourgeoises, in so far as it finds that the applicant has
infringed Article 81(1) of the Treaty;

— in any event, annul Article 2 of the decision in so far as it
imposes a fine on the applicant, or alternatively reduce
that fine substantially;

— order the Commission to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those put
forward in Case T-49/02.

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

Kabushiki Kaisha Kenwood (also
trading as Kenwood Corporation)

The Community trade
mark concerned:

The word mark ‘DualMags’
goods in classes 9, 37 and 38.

for

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:

Decision of the Oppo-
sition Division:

Karstadt Quelle Aktiengesellschaft

The national German word mark
‘Dual’ for certain goods in class 9.

rejection of

the Com-
Partial
munity trade mark application
because of likelihood of confusion
for certain goods in class 9.

Decision of the Board of
Appeal:

Dismissal of the appeal by the
applicant for the Community tra-
de mark.

Action brought on 25 February 2002 by Kabushiki Kaisha
Kenwood against the Office for Harmonisation in the
Internal Market

Grounds of claim:

A further party to the proceedings before the Board of
Appeal was Karstadt Quelle Aktiengesellschaft

(Case T-58/02)

(2002/C 131/37)

(Language of the case: English)

Violation of Article 8.1 (b) of
Council Regulation 40/94 (1) since
there is no risk of confusion.
According to the applicant, the
word ‘dual’ should be considered
as a descriptive complement to the
distinctive trade mark ‘Mags’. The
opposing mark should further be
considered as a weak trade mark
due to its descriptive nature and
the word ‘dual’
is a common
element in several trade marks.

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 25 February 2002 by Kabushiki
Kaisha Kenwood, represented by Mr Emiliano Garayar Gutiér-
rez, Mr Joaquı´n Garcı´a-Romanillos Valverde and Ms Anna
Garcı´a Castillo of Go´ mez-Acebo & Pombo, Brussels (Belgium).

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

Community trade mark (OJ L 11, 1994, p. 1).