Case T-301/03: Action brought on 29 August 2003 by Canali Ireland Limited against the Office for Harmonisation in the Internal Market
Date: 2003-11-15
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing industry, footwear industry, 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