Case T-303/07: Action brought on 7 August 2007 — Nölle v OHIM — Viña Carta Vieja (Puzzle)
Date: 2007-10-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), alcoholic beverage, trade-mark law

6.10.2007

EN

Official Journal of the European Union

C 235/23

— In the alternative, annul the contested decision and refer the
case back to the Office for Harmonisation in the Internal
Market;

— Order the Office for Harmonisation in the Internal Market
the

the appeal proceedings and of

to pay the costs of
proceedings before the Court of First Instance.

Pleas in law and main arguments

Applicant for a Community trade mark: Sony Computer Entertain-
ment Europe Limited

Community trade mark concerned: the figurative mark ‘BUZZ!’ for
goods and services in classes 9, 16, 28 and 41 (Application
No 4 441 044).

application made by the applicant on 20 February 2004 in
relation to the word mark ‘Puzzle’, and in so doing annul
the decision of the Second Board of Appeal of 5 June 2007
in Case R 911/2006-2 and the decision of the Opposition
Division of 29 June 2006 No B 802 340;

— Order the defendant to pay the costs of the proceedings

including the costs incurred by any intervening party.

Pleas in law and main arguments

Applicant for a Community trade mark: The Applicant

Community trade mark concerned: The word mark ‘Puzzle’
goods in classes 16, 32 and 33 (Application No 3 674 651).

for

Proprietor of the mark or sign cited in the opposition proceedings: the
Applicant.

Proprietor of the mark or sign cited in the opposition proceedings:
Viña Carta Vieja S.A.

Mark or sign cited in opposition: Austrian word mark ‘BUZZ!’ for
goods and services in classes 9, 16, 35 and 38.

Decision of the Opposition Division: rejection of the opposition.

Decision of the Board of Appeal: dismissal of the appeal.

Mark or sign cited in opposition:
In particular the word mark
‘MONKEY PUZZLE’ for goods in class 33 (Community trade
mark No 3 238 144).

Decision of the Opposition Division: partial grant of the opposi-
tion.

Pleas in law: Infringement of Article 74(2) of Regulation (EC)
No 40/94 (1) caused by disregard of evidence of the existence of
the mark on which opposition is based.

Decision of the Board of Appeal: annulment of the decision of the
Opposition Division, to the extent that it granted the opposition
for goods in class 32.

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

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

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 (1), because there is no likelihood of confusion
between the opposing trade marks.

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

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

Action brought on 7 August 2007 — Nölle v OHIM —
Viña Carta Vieja (Puzzle)

(Case T-303/07)

(2007/C 235/42)

Language in which the application was lodged: German

Parties

Applicant: Jürgen Nölle (Rheinberg, Germany) (represented by: J.
Reinartz, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Parties

Action brought on 10 August 2007 — Calzaturificio Frau v
OHIM — Camper

(Case T-304/07)

(2007/C 235/43)

Language in which the application was lodged: Italian

Other party to the proceedings before the Board of Appeal of OHIM:
Viña Carta Vieja S.A.

Applicant: Calzaturificio Frau SpA (San Giovanni Ilarione VR,
Italy) (represented by: A. Rizzoli, lawyer)

Form of order sought

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM)

— Reject in its entirety the opposition of 24 February 2005
brought by Viña Carta Vieja S.A. against the trade mark

Other part to the proceedings before the Board of Appeal of OHIM:
Camper S.L.