Case T-188/02: Action brought on 17 June 2002 by Freiberger Lebensmittel GmbH & Co. Produktions- und Vertriebs KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2002-08-24
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), brand name, trade-mark law

24.8.2002

EN

Official Journal of the European Communities

C 202/35

Incorrect application of
Article 8(1)(b) of Regu-
lation No 40/94:

likelihood of confusion exists
because of the undisputed identity
or, at least, similarity of the goods,
the visual and phonetic similarity
of the marks and the inherent
distinctiveness of the mark cited
in opposition.

Action brought on 17 June 2002 by Freiberger Lebensmit-
tel GmbH & Co. Produktions- und Vertriebs KG against
the Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

(Case T-188/02)

(2002/C 202/57)

the

case to be determined in accordance with
(Language of
Article 131(2) of the Rules of Procedure Language in which the
application was made: 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
17 June 2002 by Freiberger Lebensmittel GmbH & Co.
Produktions- und Vertriebs KG, of Berlin, Germany, represent-
ed by K.-D. Rathke. Roberto S.A. of Chevilly, France, was an
additional party 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 of
28.2.2002 in Case R 1155/2000-4;

— order the opponent to pay the costs.

Pleas in law and main arguments

Mark invoked in the
opposition proceedings:

Decision of
sition division:

the oppo-

Decision of the Board of
Appeal:

Pleas in law relied on:

International mark No 516269
‘Roberto’ for goods in Classes 29
and 30 and the opponent’s trading
name ‘ROBERTO’

Dismissal of the opposition

Annulment of the decision of the
opposition division and remittal
of the application

— Infringement of Rule 16 of
Regulation (EC) No 2868/
95 (1);
— Infringement

of
Article 42(1), in conjunction
with Article 8(2) and (4),
of Regulation (EC) No 40/
94 (2).

(1) Commission Regulation (EC) No 2868/95 of 13 December
1995 implementing Council Regulation (EC) No 40/94 on the
Community trade mark (OJ 1995 L 303, p. 1).

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

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

Action brought on 17 June 2002 by Anita Jannice O¨ ster-
holm against Commission of the European Communities

(Case T-190/02)

(2002/C 202/58)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 17 June 2002 by Anita Jannice
O¨ sterholm, residing in Stockholm, represented by Juan Ramon
Iturriagagoitia Bassas, lawyer.

Applicant for the Com-
munity trade mark:

The applicant

The applicant claims that the Court should:

Trade mark applied for:

Word mark ‘Alberto’ for goods in
Classes 29 and 30 — Application
No 26211

— annul

the decision of

the appointing authority of
11 March 2002 replying to complaint No 389/01 lodged
by J. O¨ sterholm;

Proprietor of the trade
invoked in
mark right
the opposition proceed-
ings:

Roberto S.A.

— annul in part the decision of the Directorate General for
Personnel and Administration of the European Com-
mission of 2 July 2001 concerning the computation of
annual leave between 8 and 31 July 2000;