Case T-81/03: Action brought on 3 March 2003 by Mast-Jägermeister AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2003-05-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), alcoholic beverage, clothing, non-alcoholic beverage, trade mark, trade-mark law

10.5.2003

EN

Official Journal of the European Union

C 112/37

Action brought on 3 March 2003 by Mast-Jägermeister
AG against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

Decision of the Oppo-
sition Division:

Registration refused

(Case T-81/03)

(2003/C 112/71)

(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 3 March 2003 by Mast-Jägermeister AG, Wolfenbüttel
(Germany), represented by Chr. Drzymalla, lawyer. Licorera
Zacapaneca S.A., Zacapa (Guatemala) was also a party to the
proceedings before the Board of Appeal.

The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 19 December 2002 (Case R 412/
2002-1);

— order the defendant to pay the costs.

Decision of the Board of
Appeal:

Rejection of the applicant’s oppo-
sition

Pleas in law:

— Infringement of Article 73 of

Regulation (EC) No 40/94;

— Misapplication

of
Article 8(1)(b) of Regulation
(EC) No 40/94;

— Incorrect assessment of the
similarity of the marks.

Action brought on 3 March 2003 by Mast-Jägermeister
AG against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

(Case T-82/03)

(2003/C 112/72)

Pleas in law and main arguments

(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)

Applicant
munity trade mark:

for

Com-

Community trade mark
sought:

Proprietor of mark or
sign cited in the oppo-
sition proceedings:

Mark or sign cited in
opposition:

Licorera Zacapaneca S.A.

Figurative mark ‘VENADO’ —
Application No 986455 lodged in
respect of goods in Classes 32 and
33 (inter alia mineral and aerated
waters and other non-alcoholic
drinks, rum, rum-based liqueurs,
brandy)

The applicant

Figurative mark consisting of a
stag’s head with a cross, registered
in respect of goods in Classes 18,
alia
25, 32 and 33 (inter
umbrellas,
non-
alcoholic beverages in so far as
included in Class 32, wines and
spirits) — Trade mark No 337337

clothing,

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 3 March 2003 by Mast-Jägermeister AG, Wolfenbüttel
(Germany), represented by Chr. Drzymalla, lawyer. Licorera
Zacapaneca S.A., Zacapa (Guatemala) was also a party to the
proceedings before the Board of Appeal.

The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 19 December 2002 (Case R 382/
2002-1);

— order the defendant to pay the costs.