Case T-188/04: Action brought on 24 May 2004 by Freixenet S.A. against the Office for Harmonisation in the Internal Market
Date: 2004-08-28
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), packaging product, sparkling wine, trade-mark law

C 217/22

EN

Official Journal of the European Union

28.8.2004

Action brought on 25 May 2004 by Lancôme Parfums et
Beauté & Cie against the Office for Harmonisation in the
Internal Market

Action brought on 24 May 2004 by Freixenet S.A. against
the Office for Harmonisation in the Internal Market

(Case T-185/04)

(2004/C 217/40)

(Language of the case: French)

(Case T-188/04)

(2004/C 217/41)

(Language of the case: French)

An action against the Office for Harmonisation in the Internal
Market (OHIM) was brought before the Court of First Instance
of the European Communities on 25 May 2004 by Lancôme
Parfums et Beauté & Cie, established in Paris, represented by
Muriel Antoine-Lalance, lawyer.

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 24 May 2004 by Freixenet S.A.,
established in Sant Sadurní d'Anoia (Spain), represented by
Fernand de Visscher, Emmanuel Cornu, Eric De Gryse and
Donatienne Moreau, lawyers.

Jacqueline Baudon was also a party to the proceedings in the
proceedings before the Fourth Board of Appeal.

The applicant claims that the Court should:

The applicant claims that the Court should:

— annul the decision of the Fourth Board of Appeal of OHIM
of 11 March 2004 (Case R 0039/2002-4) relating to the
opposition procedure between Lancôme Parfums et Beauté
& Cie and Madame Jacqueline Baudon;

— order OHIM to pay the costs.

Pleas in law and main arguments:

Community trade mark
subject
invalidity
of
application:

Owner of
subject
of
application:

Cancellation
tion:

the mark
invalidity

applica-

Decision of the cancel-
lation division:

Word mark
AROMACOSME-
TIQUE – Application No 886.335,
for products entered in classifica-
and
tion 3 (cosmetic, beauty
make-up preparations)

The applicant company

Mme Jacqueline Baudon, holder of
the French word marks ‘AROMA-
COSMETIQUE’, No 92/408 786,
for services in classification 42,
and No 98/739 256, for products
in classifications 3 and 5

Cancellation of
the Community
trade mark AROMACOSMETIQUE
allowed due to the risk of confu-
sion with the earlier national trade
mark No 98/739 256

Decision of
of Appeal:

Pleas in law:

the Board

Appeal dismissed

Infringement of Articles 61, 62,
73 and 79 of Regulation No
40/94 on the Community trade
mark, Article 41 of the Charter of
Fundamental Rights of the Euro-
pean Union and Article 6(1) of the
European Convention on Human
Rights.

— annul the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market of 11
February 2004 and order that trade mark application No
32540 be published pursuant to Article 40 of Regulation
No 40/94;

— in the alternative, the decision of 11 February 2004 of the
Fourth Board of Appeal of the Office for Harmonisation in
the Internal Market;

— order the Office for Harmonisation in the Internal Market

to pay the costs.

Pleas in law and main arguments:

Applicant
munity trade mark:

for

Com-

Freixenet S.A.

Community trade mark
applied for:

Three-dimensional trade mark in
the form of a frosted black matt
bottle (No 32540)

Products or services:

Products
(sparkling wines)

in

classification

33

Decision of the exami-
nation division:

Application rejected

Decision of
of Appeal:

Pleas in law:

the Board

Appeal dismissed

the rights of

the
Violation of
defence and Article 73 of Regu-
lation No 40/94 (1) in so far as the
applicant was not able to express
a view on all of
the facts, and
infringement of Articles 7(1)(b)
and 7(3) of Regulation No 40/94.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).