Source: EURLEX
Language: en
Format: md

C 275/46 EN Official Journal of the European Union 15.11.2003

**Action brought on 29 August 2003 by Canali Ireland**
**Limited against the Office for Harmonisation in the**
**Internal Market**

**(Case T-301/03)**

(2003/C 275/77)

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

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 29 August 2003 by Canali Ireland
Limited, Dublin, (Ireland), represented by C. Gielen and O.
Schmutzer, lawyers. Canali S.p.A. was also a party to the
proceedings before the Board of Appeal.

The applicant claims that the Court should:

—
annul the decision of the Second Board of Appeal of
17 June 2003;

—
declare that the opposition filed against the application
by the applicant for the mark CANAL JEAN CO succeeds
and to refuse the application for this mark in its entirety
and/or to give any order that the Court deems fit;

—
order for payment of all cost of the proceedings against
the applicant.

_Pleas in law and main arguments_

Applicant for Com- Canal Jean Co., Inc.
munity trade mark:

Community trade mark Figurative trade mark ‘CANAL —
sought: JEAN CO.’ Application
No 425363, relating to goods
in Class 25 (Articles of clothing,
footwear, head gear).

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

Mark or sign cited in Italian trade mark registration
opposition: No 513948 for the word mark
‘CANALI’ for goods and services
in Classes 3, 6, 9, 14, 16, 18, 20,
25, 34 and 42

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

Decision of the Board of Annulent of the Decision of the
Appeal: Opposition Division and rejection
of the opposition

Pleas in Law: Incorrect application of
Article 8(1)(b) of Regulation (EC)
No 40/94 (risk of confusion).

**Action brought on 4 September 2003 by Lidl Stiftung &**
**Co. KG against the Office for Harmonisation in the**
**Internal Market (Trade Marks and Designs) (OHIM)**

**(Case T-303/03)**

(2003/C 275/78)

_(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
4 September 2003 by Lidl Stiftung & Co. KG, Neckarsulm
(Germany), represented by P. Groß, lawyer. REWE-Zentral AG,
Cologne (Germany), was also a party to the proceedings before
the Board of Appeal.

The applicant claims that the Court should:

—
declare void and annul the decision of 30 June 2003 of
the First Board of Appeal of the Office for Harmonisation
in the Internal Market (Trade Marks and Designs) on the
appeal in Case R 408/2002-1 concerning registration of
the Community trade mark ‘Salvita’ under Application
No 609339;

—
order the defendant to reimburse the applicant the costs
of these proceedings.

_Pleas in law and main arguments_

Applicant for Com- REWE-Zentral AG
munity trade mark:

Community trade mark The word mark ‘Salvita’ for goods
sought: in Classes 5, 29, 30 and 32 —
Application No 609339

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.