Case T-6/08: Action brought on 4 January 2008 — Nestlé v OHIM — Master Beverage Industries (Golden Eagle Deluxe)
Date: 2008-01-04
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), food industry, trade-mark law

8.3.2008

EN

Official Journal of the European Union

C 64/55

In support of his action, the applicant relies on two pleas.

The first plea alleges infringement of Article 4(1)(b) of Regu-
lation No 1049/2001 (1) and infringement of the obligation to
state reasons for applying that provision.

The second plea alleges infringement of Article 5 of Regulation
No 45/2001 (2) and a manifest error in the application of that
regulation.

(1) Regulation (EC) No 1049/2001 of the European Parliament and of
access
to
documents

the Council of 30 May 2001 regarding public
European
and Commission
(OJ 2001 L 145, p. 43).

Parliament, Council

(2) Regulation (EC) No 45/2001 of the European Parliament and of the
Council of 18 December 2000 on the protection of individuals with
regard to the processing of personal data by the Community institu-
tions and bodies and on the free movement of such data (OJ 2001 L 8,
p. 1)

— order Master Beverage, the other party to the proceedings
before the Board of Appeal, to pay the costs of the proceed-
ings; including those incurred by the applicant before the
Board of Appeal, in case it should become an intervening
party in this case.

Pleas in law and main arguments

Applicant for the Community trade mark: Master Beverage Indus-
tries Pte Ltd

Community trade mark concerned: The figurative mark ‘Golden
Eagle’ for goods in class 30 — application No 3 157 005

Proprietor of the mark or sign cited in the opposition proceedings: The
applicant

Mark or sign cited: The Community, international and national
figurative marks and word marks ‘Red Cup’,
‘Gold Blend’ and
representations of a cup for, inter alia, coffee

Decision of the Opposition Division: Rejection of the opposition in
its entirety

Action brought on 4 January 2008 — Nestlé v OHIM —
Master Beverage Industries (Golden Eagle)

Decision of the Board of Appeal: Dismissal of the appeal

(Case T-5/08)

(2008/C 64/88)

Language in which the application was lodged: English

Pleas in law: Violation of Article 8(1)(b) and 8(5) of Council
Regulation No 40/94, as the conflicting trade marks have a
high degree of visual similarity because of an identical arrange-
ment of nine elements present in both the trade mark applied
for and in most of
the earlier marks, which are inherently
distinctive.

Parties

Applicant: Société des Produits Nestlé SA (Vevey, Switzerland)
(represented by: A. von Mühlendahl, lawyer)

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

Other party to the proceedings before the Board of Appeal: Master
Beverage Industries Pte Ltd (Singapore, Singapore)

Form of order sought

— Annul

the decision of

the defendant's Second Board of
Appeal of 1 October 2007, Case R 563/2006-2
(CTM 3 157 005);

— decide that the contested CTM application No 3 157 005
RED MUG device with ‘Golden Eagle’ and eagle design must
be rejected;

— order the defendant to pay the costs of the proceedings,
including those incurred by the applicant before the Board
of Appeal;

Action brought on 4 January 2008 — Nestlé v OHIM —
Master Beverage Industries (Golden Eagle Deluxe)

(Case T-6/08)

(2008/C 64/89)

Language in which the application was lodged: English

Parties

Applicant: Société des Produits Nestlé SA (Vevey, Switzerland)
(represented by: A. von Mühlendahl, lawyer)

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

Other party to the proceedings before the Board of Appeal: Master
Beverage Industries Pte Ltd (Singapore, Singapore)

C 64/56

EN

Official Journal of the European Union

8.3.2008

Form of order sought

Action brought on 4 January 2008 — Nestlé v OHIM —
Master Beverage Industries (Golden Eagle Deluxe)

— Annul

the decision of

the defendant's Second Board of
Appeal of 1 October 2007, Case R 568/2006-2
(CTM 3 156 924);

— decide that the contested CTM application No 3 156 924
RED MUG device with ‘Golden Eagle Deluxe’ must be
rejected;

— order the defendant to pay the costs of the proceedings,
including those incurred by the applicant before the Board
of Appeal;

— order Master Beverage, the other party to the proceedings
before the Board of Appeal, to pay the costs of the proceed-
ings, including those incurred by the applicant before the
Board of Appeal, in case it should become an intervening
party in this case.

(Case T-7/08)

(2008/C 64/90)

Language in which the application was lodged: English

Parties

Applicant: Société des Produits Nestlé SA (Vevey, Switzerland)
(represented by: A. von Mühlendahl, lawyer)

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

Other party to the proceedings before the Board of Appeal: Master
Beverage Industries Pte Ltd (Singapore, Singapore)

Pleas in law and main arguments

Form of order sought

Applicant for the Community trade mark: Master Beverage Indus-
tries Pte Ltd

Community trade mark concerned: The figurative mark ‘Golden
Eagle Deluxe’ for goods in class 30 — application No 3 156 924

Proprietor of the mark or sign cited in the opposition proceedings: The
applicant

Mark or sign cited: The Community, international and national
‘Gold Blend’ and
figurative marks and word marks ‘Red Cup’,
representations of a cup for, inter alia, coffee

— Annul

the decision of

the defendant's Second Board of
Appeal of 1 October 2007, Case R 1312/2006-2
(CTM 3 157 534);

— decide that the contested CTM application No 3 157 534
RED MUG device with ‘Golden Eagle Deluxe’ must be
rejected;

— order the defendant to pay the costs of the proceedings,
including those incurred by the applicant before the Board
of Appeal;

— order Master Beverage, the other party to the proceedings
before the Board of Appeal, to pay the costs of the proceed-
ings, including those incurred by the applicant before the
Board of Appeal, in case it should become an intervening
party in this case.

Pleas in law and main arguments

Decision of the Opposition Division: Rejection of the opposition in
its entirety

Applicant for the Community trade mark: Master Beverage Indus-
tries Pte Ltd

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Violation of Article 8(1)(b) and 8(5) of Council
Regulation No 40/94, as the conflicting trade marks have a
high degree of visual similarity because of an identical arrange-
ment of nine elements present in both the trade mark applied
for and in most of
the earlier marks, which are inherently
distinctive.

Community trade mark concerned: The figurative mark ‘Golden
Eagle Deluxe’ for goods in class 30 — application No 3 157 534

Proprietor of the mark or sign cited in the opposition proceedings: The
applicant

Mark or sign cited: The Community, international and national
figurative marks and word marks ‘Red Cup’,
‘Gold Blend’ and
representations of a cup for, inter alia, coffee

Decision of the Opposition Division: Rejection of the opposition in
its entirety

Decision of the Board of Appeal: Dismissal of the appeal