Case T-305/03: Action brought on 8 September 2003 by OpusDent GmbH 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), medical device, trade-mark law

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.