Judgment of the Court of First Instance of 20 April 2005 in Case T-273/02 Krüger GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for Community word mark CALPICO — Earlier national mark CALYPSO — Article 8(1)(b) of Regulation (EC) No 40/94 — Right to be heard)
Date: 2005-06-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), beverage, coffee, milk, prepared foodstuff, trade-mark law

C 155/12

EN

Official Journal of the European Union

25.6.2005

refusing to grant the applicant leave to attend, on a mission
basis, the meeting of 7 December 2001 on the ‘comprehensive
package of proposed amendments to the Staff Regulations’ —
Instance (First Chamber) composed of
the Court of First
B. Vesterdorf, President, P. Mengozzi and M.E. Martins Ribeiro,
Judges; Registrar: I. Natsinas, Administrator, has given a judg-
ment on 12 April 2005, the operative part of which is as
follows:

1. The action is dismissed.

Vilaras, President, F. Dehousse and D. Šváby, Judges; J. Palacio
González, Principal Administrator,
for the Registrar, gave a
judgment on 21 April 2005, in which it:

1. Dismisses the application;

2. Orders the applicant

to bear its own costs and to pay those
incurred by the Office for Harmonisation in the Internal Market
(Trade Marks and Designs);

2. Each of the parties is ordered to bear their own costs, including

3. Orders the intervener to bear its own costs.

those of the interlocutory proceedings.

(1) OJ C 233 of 28.9.2002.

(1) OJ C 261 of 26.10.2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 21 April 2005

in Case T-269/02 PepsiCo, Inc. v Office for Harmonisation
and Designs)
in the Internal Market

(Trade Marks

(OHIM) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark RUFFLES — Earlier
national trade mark RIFFELS — Even earlier national trade
mark RUFFLES — Coexistence and equivalence between
national trade marks and Community trade marks)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 20 April 2005

in Case T-273/02 Krüger GmbH & Co. KG v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark CALPICO — Earlier
national mark CALYPSO — Article 8(1)(b) of Regulation
(EC) No 40/94 — Right to be heard)

(2005/C 155/24)

(2005/C 155/23)

(Language of the case: German)

(Language of the case: English)

(OHIM)

(Agents:

In Case T-269/02: PepsiCo, Inc., established in Purchase, New
York (United States), represented by E. Armijo Chávarri, lawyer,
against Office for Harmonisation in the Internal Market (Trade
Marks and Designs)
initially J. Novais
Gonçalves and J. Crespo Carrillo, subsequently A. von Mühlen-
dahl and J. Novais Gonçalves), the other party to the proceed-
ings before the OHIM Board of Appeal, intervening before the
Court of First
Instance, being Intersnack Knabber-Gebäck
GmbH & Co. KG, formerly Convent Knabber-Gebäck GmbH &
Co. KG, established in Cologne (Germany), represented by
M. Schaeffer, lawyer — action brought against the decision of
the First Board of Appeal of OHIM of 10 June 1002 (Case R
114/2000-1)
relating to opposition proceedings between
PepsiCo, Inc. and Intersnack Knabber-Gebäck GmbH & Co. KG,
— the Court of First Instance (Fifth Chamber), composed of M.

In Case T-273/02: Krüger GmbH & Co. KG, established in
Bergisch Gladbach (Germany), represented by S. von Peters-
dorff-Campen, lawyer, against Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (Agent: G.
Schneider), the other party to the proceedings before the Board
intervener before the Court of First
of Appeal of OHIM,
Instance, being Calpis Co. Ltd, established in Tokyo (Japan),
represented by O. Jüngst and M. Schork,
lawyers — action
brought against the decision of the First Board of Appeal of
OHIM of 25 June 2002 (Case R 484/2000-1), concerning
opposition proceedings between Calpis Co. Ltd and Krüger
GmbH & Co. KG — the Court of First
Instance (Fourth
Chamber), composed of H. Legal, President, P. Mengozzi and I.
Wiszniewska-Białecka,
for
the Registrar, gave a judgment on 20 April 2005, in which it:

I. Natsinas, Administrator,

Judges;

1. Dismisses the action;

25.6.2005

EN

Official Journal of the European Union

C 155/13

2. Orders the applicant to pay the costs.

JUDGMENT OF THE COURT OF FIRST INSTANCE

(1) OJ C 274 of 9.11.2002.

of 19 April 2005

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 13 April 2005

in Case T-353/02 Duarte y Beltrán SA v Office for Harmo-
nisation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark INTEA — Earlier national
word marks INTESA — Refusal of registration — Relative
ground for refusal — Article 8(1)(b) of Regulation (EC) No
40/94)

(2005/C 155/25)

(Language of the case: Spanish)

In Case T-353/02: Duarte y Beltrán SA, established in
Santander (Spain), represented initially by N. Moya Fernandez,
and subsequently by J. Calderón Chavero and T. Villate
Consonni, lawyers, against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (Agents: M.
Schneider and P. Jurado Montejano), the other party to the
proceedings before the Board of Appeal of OHIM being Mirato
SpA, established in Novara (Italy) — action against the decision
of the Second Board of Appeal of OHIM of 6 August 2002
(Case R 407/2001-2)
concerning opposition proceedings
between Duarte y Beltrán SA and Mirato SpA — the Court
(Second Chamber), composed of
J.
Forwood and I. Pelikánová, Judges; B. Pastor, Assistant Regis-
trar, has given a judgment on 13 April 2005, in which it:

J. Pirrung, President, N.

1. Dismisses the action.

2. Orders the applicant to pay the costs.

(1) JO C 44 of 22.2.2003.

in Joined Cases T-380/02 and T-128/03: Success-Marketing
Unternehmensberatungsgesellschaft mbH v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Application for restitutio in inte-
grum — Conditions governing notification of decisions and
communications by OHIM — Facsimile transmission)

(2005/C 155/26)

(Language of the case: German)

In Joined Cases T-380/02 and T-128/03 Success-Marketing
Unternehmensberatungsgesellschaft mbH, established in Linz
(Austria), represented by G. Secklehner and C. Ofner, avocats,
with an address for service in Luxembourg v Office for Harmo-
nisation in the Internal Market
(Trade Marks and Designs)
(OHIM) (Agent: J. Weberndörfer and G. Schneider), the other
party to the proceedings before the Board of Appeal of OHIM,
intervening before the Court of First Instance in Case T-128/
03, being Chipita International SA, established in Athens
(Greece), represented by P. Hoffmann, avocat — actions for
annulment brought, first, against the decision of the First Board
of Appeal of OHIM of 26 September 2002 (Case R 26/2001-1)
rejecting the application by the applicant for restitutio in inte-
grum and, secondly, of the decision of 13 February 2003 and/
or the decision of 13 March 2003 of the First Board of Appeal
concerning opposition
of OHIM (Case R 1124/2000-1)
proceedings between Success-Marketing Unternehmensbera-
tungsgesellschaft mbH and Chipita International SA, — the
Court of First
Instance (Fifth Chamber), composed of M.
Vilaras, President, M. E. Martins Ribeiro and K. Jürimäe, Judges;
I. Natsinas, Administrator, for the Registrar, gave a judgment
on 19 April 2005, in which it:

1. Dismisses the actions;

2. Orders the applicant to pay its own costs as well as those incurred
by the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM);