Case T-291/03: Action brought on 21 August 2003 by the Consorzio per la Tutela del Formaggio Grana Padano against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2003-11-29
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), hard cheese, trade-mark law

C 289/26

EN

Official Journal of the European Union

29.11.2003

Action brought on 21 August 2003 by the Consorzio per
la Tutela del Formaggio Grana Padano against the Office
for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM)

(Case T-291/03)

(2003/C 289/55)

(Language of the case: Italian)

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 21 August 2003 by the Consorzio
per la Tutela del Formaggio Grana Padano, represented by
lawyers.
Paolo Perani, Paolo Colombo and Alex Schmitt,
Biraghi S.p.A. was also a party to the proceedings before the
Board of Appeal.

The applicant claims that the Court should:

— annul the registration of the Community trade mark
No 736.934 GRANA BIRAGHI owned by Biraghi S.p.A.
in so far as, in particular it is in conflict with the combined
provisions of Article 142 of Regulation (EEC) No 40/94
and Article 13(1) of Regulation (EEC) No 2081/92.

Pleas in law and main arguments

Applicant
munity trade mark:

for Com-

Biraghi S.p.A.

Community trade mark Word mark ‘GRANA BIRAGHI’
— Application No 736.934 for
sought:
products in Class 29: ‘Cheese, in
particular cheese from cows’ milk,
mature cheese, hard cheese, whole
cheeses, portions of cheese with
or without rind, packaged cheese
of various sizes, grated and pack-
aged cheese.’

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

Mark or sign cited in
opposition:

The applicant Consorzio.

Numerous national and inter-
national registrations and appli-
cations to register the trade marks
‘GRANA’ and ‘GRANA PADANO’
and trade marks containing those
terms in combination with figu-
rative elements and words for
products in Class 29.

Decision of the Oppo-
sition Division:

Refusal of
registration.

the application for

Decision of the Board of
Appeal:

Annulment of
the Opposition
Division’s decision and rejection
of the opposition.

Pleas in law:

— The term ‘GRANA’

is not

generic.

— Breach of Article 13(1)(a),
(c) and (d) of Council
(b),
Regulation (EEC) No 2081/
92 of 14 July 1992 on the
protection of geographical
indications and designations
of origin for agricultural
products and foodstuffs (1),
and of the national rules on
company designations of
origin.

— Likelihood

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

(1) OJ L 208 of 24.7.92, p. 1.

Action brought on 9 September 2003 by Volkswagen AG
against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM)

(Case T-306/03)

(2003/C 289/56)

(Language of the case: 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
9 September 2003 by Volkswagen AG, Wolfsburg (Germany),
represented by S. Risthaus, lawyer.

The applicant claims that the Court should:

— annul the decision of 7 July 2003 of the Second Board
the Office for Harmonisation in the
in Case

(Trade Marks and Designs)

of Appeal of
Internal Market
R 1012/2001-2;

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