Case T-140/02: Action brought on 2 May 2002 by Sportwetten GmbH Gera against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2002-07-13
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), service, trade mark

13.7.2002

EN

Official Journal of the European Communities

C 169/41

Action brought on 2 May 2002 by Sportwetten GmbH
Gera against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

Decision of Board of
Appeal:

Dismissal of applicant’s appeal

Pleas in law:

(Case T-140/02)

(2002/C 169/72)

— The registered trade mark
designates services prohibit-
ed in Germany

— The use of the trade mark
for the services in respect
of which it is registered is
contrary to public policy and
of
accepted
morality
to
Article 7(1)(f) of Regulation
(EC) No 40/94 (1).

principles
pursuant

— The Office failed to take
account of the requirement
as to use and the significance
of Article 106(2) of
the
Regulation.

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

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

Action brought on 3 May 2002 by Vetoquinol AG
(formerly Chassot AG) against the Office for Harmonis-
ation in the Internal Market

(Case T-141/02)

(2002/C 169/73)

(Language of the case: English)

(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) was brought before the
Court of First Instance of the European Communities on 2 May
2002 by Sportwetten GmbH Gera, residing in Gera (Germany),
represented by A. Zumschlinge, lawyer.

Intertops Sportwetten GmbH, Salzburg (Austria), was an
additional party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

— annul the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 21 February 2002 in appeal
no R 0338/2000-4 and the initial decision of the Office
for Harmonisation in the Internal Market of 2 February
2000, ref.: C000422014/1;

— declare the Community trade mark with registration
no 000422014, the word and figurative mark ‘Intertops’,
void.

Pleas in law and main arguments

Registered trade mark in
respect of which a dec-
laration of nullity is munity trade mark 422014
sought:

Figurative mark ‘INTERTOPS’ for
services in Class 42 — Com-

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 3 May 2002 by Vetoquinol AG
(formerly Chassot AG), represented by Mr Axel Kockläuner of
Meissner, Bolte & Partner, Munich (Germany).

Proprietor of the Com-
munity trade mark:

Party applying for a dec-
laration of nullity of the
Community trade mark:

Trade mark or sign right
of applicant:

Decision of Cancellation
Division:

Intertops Sportwetten GmbH

The applicant

A further party before the Board of Appeal was VETO-Centre.

The applicant claims that the Court should:

German

The
word mark
‘INTERTOPS SPORTWETTEN’ for
services in Class 42

— annul the Decision of the First Board of Appeal of the
defendant dated 15 February 2002 in case no R 218/
2001 (‘the contested Decision’);

Dismissal of application

— order that the costs of the proceedings be borne by the

defendant.