Source: EURLEX
Language: en
Format: md

15.11.2003 EN Official Journal of the European Union C 275/47

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

Mark or sign cited in The German word mark ‘SOLEVIopposition: TA’ for goods in Class 32

Decision of the Oppo- Rejection of the opposition
sition Division:

Decision of the Board of Dismissal of the applicant’sappeal
Appeal:

Pleas in law: The applicant has submitted
adequate evidence of genuine use
of the opposing mark;

—
Infringement of the maxim
of party disposition laid
down in the second sentence
of Article 74(1) of Regulation 40/94;

—
Failure to respect the right to
be heard.

**Action brought on 8 September 2003 by OpusDent**
**GmbH against the Office for Harmonisation in the**
**Internal Market (Trade Marks and Designs) (OHIM)**

**(Case T-305/03)**

(2003/C 275/79)

_(Language of the case to be determined pursuant to Article 131(2)_
_of the Rules of Procedure — language in which the application was_
_submitted: German)_

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
8 September 2003 by OpusDent GmbH, Freising (Germany),
represented by P. Munzinger, lawyer. Dornier Medizintechnik
GmbH, Weßling (Germany), was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

—
annul the decision of 23 June 2003 of the Second Board
of Appeal of the defendant in Case R 579/2002-2;

—
order the defendant to pay the costs of the proceedings.

_Pleas in law and main arguments_

Applicant for Com- The applicant in this case
munity trade mark:

Community trade mark The word/figurative mark ‘Opussought: Dent’ for goods and services in
Classes 9, 10 and 42 (inter alia,
lasers, not for medical purposes;
medical, dental and aesthetic
lasers; medical and dental treat
—
ment) Application
No 1331230

Proprietor of mark or Dornier Medizintechnik GmbH
sign cited in the opposition proceedings:

Mark or sign cited in The Community trade mark
opposition: ‘Opus’ for goods in Class 10 (inter
alia, medical tables for examinations and treatment, X-ray apparatus and X-ray work stations)

Decision of the Oppo- The opposition was upheld in
sition Division: respect of the goods ‘medical, dental and aesthetic lasers’ and rejected in respect of the remaining
goods and services

Decision of the Board of Dismissal of the appeal
Appeal:

Pleas in law: No likelihood of confusion

**Action brought on 8 September 2003 by Manel Camós**
**Grau against Commission of the European Communities**

**(Case T-309/03)**

(2003/C 275/80)

_(Language of the case: French)_

An action against the Commission of the European Communities was brought before the Court of First Instance of the
European Communities on 8 September 2003 by Manel Grau,
residing in Brussels, represented by M.-A. Lucas, lawyer.