Case T-349/04: Action brought on 23 August 2004 by Parfümerie Douglas GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2004-12-04
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), hiring, motor vehicle, service, trade-mark law, travel

4.12.2004

EN

Official Journal of the European Union

C 300/43

Panrico S.A. was also a party to the proceedings before the
Board of Appeal.

Action brought on 23 August 2004 by Parfümerie Douglas
GmbH against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

The applicant claims that the Court should:

— declare that the Community Trade Mark application No.

474 486 of the applicant has to be accepted;

— annul the Decision of the Fourth Board of Appeal of the

OHMI of 12 May 2004 (Case R 1034/2001-4);

— order the opponent to bear the costs incurred by the appli-

cant.

Pleas in law and main arguments:

(Case T-349/04)

(2004/C 300/85)

(Language in which the application was drafted: German)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 23
August 2004 by Parfümerie Douglas GmbH, whose registered
office is in Hagen (Germany), represented by C. Schumann,
lawyer.

The other party before the Board of Appeal was Jürgen Heinz
Douglas, Hamburg (Germany).

Applicant
munity trade mark:

for

Com-

The applicant

The applicant claims that the Court should:

Community trade mark
concerned:

The figurative mark AHouse of
donuts@ for goods and services in
classes 30, 32 and 42 (e.g. dough-
nuts, muffins, croissants, mineral
and aerated waters and restaurant,
cafeteria and catering services) B
application No. 474 486

Proprietor of mark or
sign cited in the opposi-
tion proceedings:

Panrico S.A.

Trade mark or
cited in opposition:

sign

and
The Spanish word marks
figurative marks ADONUT@ and
Adonuts@ for goods and services
in classes 30, 32 and 42 (e.g. all
confectionary, pastry,
kinds of
fruit drinks
sweets and candies,
and fruits juices and services of
cafeteria, bar, restaurant, hotel and
camping)

Decision of the Opposi-
tion Division:

Rejection of the trade mark appli-
cation

Decision of
of Appeal:

the Board

Dismissal
appeal

of

the

applicant=s

Pleas in law:

The trade marks in competition
similar. The opponent
are not
should not be granted the exclu-
sive use of the words Adonut@ or
Adonuts@.

— declare admissible the action together with accompanying
documents, declare that the appeal against the Decision of
the Fourth Board of Appeal of 24 May 2004 in Case R 795/
2002-4 was brought in a correct and timely manner and
annul that decision, reject the notice of opposition and
order the Office for Harmonisation in the Internal Market
to pay the costs.

Pleas in law and main arguments:

Applicant for the Com-
munity trade mark:

Community trade mark
applied for:

Proprietor of the mark
or sign asserted by way
of opposition in the
opposition proceedings:

Mark or sign asserted
by way of opposition:

The applicant

for

services

The word mark ‘Douglas beauty
spa’
in Class 39
(Travel arrangement, escorting of
travellers; arranging reservations
for hotel rooms and other accom-
modation) – Application No 1 459
197

Jürgen Heinz Douglas

for

The German mark ‘Douglas Tour-
in Class 39
istik’
(Travel
rental of
motor vehicles and boats).

services
arrangement;

Decision of the Opposi-
tion Division:

Rejection of
registration

the application for

Decision of the Appeal
Board:

Dismissal of
by the applicant

the appeal brought

Pleas in law:

Infringement of Articles 42, 43,
74 and 79 of Council Regulation
(EC) No 40/94 in conjunction
with Rules 15, 16 and 18 of
Commission Regulation (EC) No
2868/95