Case T-303/03: Action brought on 4 September 2003 by Lidl Stiftung & Co. KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2003-11-15
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

C 275/46

EN

Official Journal of the European Union

15.11.2003

Action brought on 29 August 2003 by Canali Ireland
Limited against the Office for Harmonisation in the
Internal Market

Decision of the Board of
Appeal:

Annulent of the Decision of the
Opposition Division and rejection
of the opposition

(Case T-301/03)

(2003/C 275/77)

Pleas in Law:

application

Incorrect
of
Article 8(1)(b) of Regulation (EC)
No 40/94 (risk of confusion).

(Language of the case to be determined pursuant to Article 131(2)
of the Rules of Procedure — language in which the application was
submitted: English)

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 29 August 2003 by Canali Ireland
Limited, Dublin, (Ireland), represented by C. Gielen and O.
lawyers. Canali S.p.A. was also a party to the
Schmutzer,
proceedings before the Board of Appeal.

The applicant claims that the Court should:

— annul the decision of the Second Board of Appeal of

17 June 2003;

— declare that the opposition filed against the application
by the applicant for the mark CANAL JEAN CO succeeds
and to refuse the application for this mark in its entirety
and/or to give any order that the Court deems fit;

— order for payment of all cost of the proceedings against

the applicant.

Action brought on 4 September 2003 by Lidl Stiftung &
Co. KG against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM)

(Case T-303/03)

(2003/C 275/78)

(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) (OHIM) was brought before
the Court of First Instance of the European Communities on
4 September 2003 by Lidl Stiftung & Co. KG, Neckarsulm
(Germany), represented by P. Groß, lawyer. REWE-Zentral AG,
Cologne (Germany), was also a party to the proceedings before
the Board of Appeal.

Pleas in law and main arguments

The applicant claims that the Court should:

Applicant
munity trade mark:

for Com-

Canal Jean Co., Inc.

Community trade mark
sought:

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

Mark or sign cited in
opposition:

CO.’

Figurative trade mark ‘CANAL —
Application
JEAN
No 425363, relating to goods
in Class 25 (Articles of clothing,
footwear, head gear).

The applicant

Italian trade mark registration
No 513948 for the word mark
‘CANALI’ for goods and services
in Classes 3, 6, 9, 14, 16, 18, 20,
25, 34 and 42

— declare void and annul the decision of 30 June 2003 of
the First Board of Appeal of the Office for Harmonisation
in the Internal Market (Trade Marks and Designs) on the
appeal in Case R 408/2002-1 concerning registration of
the Community trade mark ‘Salvita’ under Application
No 609339;

— order the defendant to reimburse the applicant the costs

of these proceedings.

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

REWE-Zentral AG

Decision of the Oppo-
sition Division:

Admission of the opposition

Community trade mark
sought:

The word mark ‘Salvita’ for goods
in Classes 5, 29, 30 and 32 —
Application No 609339

15.11.2003

EN

Official Journal of the European Union

C 275/47

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

The applicant in this case

Pleas in law and main arguments

Mark or sign cited in
opposition:

The German word mark ‘SOLEVI-
TA’ for goods in Class 32

Applicant
munity trade mark:

for

Com-

Decision of the Oppo-
sition Division:

Decision of the Board of
Appeal:

Pleas in law:

Rejection of the opposition

Community trade mark
sought:

Dismissal of the applicant’s appeal

applicant has

The
submitted
adequate evidence of genuine use
of the opposing mark;

— Infringement of the maxim
of party disposition laid
down in the second sentence
of Article 74(1) of Regu-
lation 40/94;

— Failure to respect the right to

be heard.

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

Mark or sign cited in
opposition:

Decision of the Oppo-
sition Division:

The applicant in this case

The word/figurative mark ‘Opus-
Dent’ for goods and services in
Classes 9, 10 and 42 (inter alia,
lasers, not for medical purposes;
medical, dental
and aesthetic
lasers; medical and dental treat-
ment)
Application
No 1331230

—

Dornier Medizintechnik GmbH

trade mark
The Community
‘Opus’ for goods in Class 10 (inter
alia, medical tables for examin-
ations and treatment, X-ray appar-
atus and X-ray work stations)

The opposition was upheld in
respect of the goods ‘medical, den-
tal and aesthetic lasers’ and reject-
ed in respect of the remaining
goods and services

Action brought on 8 September 2003 by OpusDent
the Office for Harmonisation in the
GmbH against

Internal Market (Trade Marks and Designs) (OHIM)

Decision of the Board of
Appeal:

Dismissal of the appeal

Pleas in law:

No likelihood of confusion

(Case T-305/03)

(2003/C 275/79)

(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) (OHIM) was brought before
the Court of First Instance of the European Communities on
8 September 2003 by OpusDent GmbH, Freising (Germany),
represented by P. Munzinger, lawyer. Dornier Medizintechnik
GmbH, Weßling (Germany), was also a party to the proceed-
ings before the Board of Appeal.

The applicant claims that the Court should:

Action brought on 8 September 2003 by Manel Camós
Grau against Commission of the European Communities

(Case T-309/03)

(2003/C 275/80)

(Language of the case: French)

— annul the decision of 23 June 2003 of the Second Board
of Appeal of the defendant in Case R 579/2002-2;

— order the defendant to pay the costs of the proceedings.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 8 September 2003 by Manel Grau,
residing in Brussels, represented by M.-A. Lucas, lawyer.