Source: EURLEX
Language: en
Format: md

25.1.2003 EN Official Journal of the European Communities C 19/31

the Board of Appeal of the Office for Harmonisation in
the Internal Market (Trade Marks and Designs) being ELS
Educational Services, Inc., established in Culver City, California
(United States): Action brought against the decision of the
Third Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 18 October
2000 (Case R 074/2000-3), the Court of First Instance (Fourth
Chamber), composed of: M. Vilaras, President, V. Tiili and
P. Mengozzi, Judges; D. Christensen, Administrator, for the
Registrar, has given a judgment on 23 October 2002, in which
it:

1. _Annuls the decision of the Third Board of Appeal of the Office_
_for Harmonisation in the Internal Market (Trade Marks and_
_Designs) (OHIM) of 18 October 2000 (Case R 074/2000-_
_3) in so far as it relates to the analysis of the likelihood of_
_confusion between the conflicting marks;_

2. _For the rest, dismisses the application;_

3. _Orders the defendant to bear its own costs and pay two thirds_
_of the costs incurred by the applicant. The applicant shall bear_
_one third of its own costs._

( [1] ) OJ C 79 of 10.3.2001.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 23 October 2002**

**in Case T-6/01: Matratzen Concord GmbH v Office for**
**Harmonisation in the Internal Market (Trade Marks and**
**Designs) (OHIM)** ( [1] )

_**(Community trade mark — Opposition — Relative grounds**_
_**for refusal — Similarity between two trade marks —**_
_**Likelihood of confusion — Article 8(1)(b) of Regulation**_
_**(EC) No 40/94 — Application for a figurative Community**_
_**trade mark containing the word ‘Matratzen’ — Earlier word**_
_**trade mark MATRATZEN)**_

(2003/C 19/57)

_(Language of the case: German)_

In Case T-6/01, MatratzenConcord GmbH, formerly Matratzen
Concord AG, established in Cologne (Germany), represented
by W.-W. Wodrich, avocat, v Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (Agents:
A. von Mühlendahl, G. Schneider and E. Joly): Action brought
against the decision of the Second Board of Appeal of the

Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 31 October 2000 (Joined Cases R 728/19992 and R 792/1999-2), relating to opposition proceedings
between Hukla Germany SA and Matratzen Concord GmbH,
the Court of First Instance (Fourth Chamber), composed
of: M. Vilaras, President, V. Tiili and P. Mengozzi, Judges;
D. Christensen, Administrator, for the Registrar, has given a
judgment on 23 October 2002, in which it:

1. _Dismisses the application;_

2. _Orders the applicant to pay the costs._

( [1] ) OJ C 108 of 7.4.2001.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 20 November 2002**

**in Joined Cases T-79/01 and T-86/01: Robert Bosch GmbH**
**v Office for Harmonisation in the Internal Market (Trade**
**Marks and Designs) (OHIM)** ( [1] )

_**(Community trade mark — Kit Pro and Kit Super Pro —**_
_**Absolute groundsfor refusal — Article 7(1)(b) of Regulation**_
_**(EC) No 40/94)**_

(2003/C 19/58)

_(Language of the case: German)_

In Joined Cases T-79/01 and T-86/01, Robert Bosch GmbH,
established in Stuttgart (Germany), represented by S. Völker,
lawyer, with an address for service in Luxembourg, v Commission of the European Communities (Agent: G. Schneider):
Actions brought against two decisions of the First Board of
Appeal of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) of 31 January 2001 (Cases R 124/
2000-1 and R 123/2000-1) on the registration of Kit Pro and
Kit Super Pro respectively as Community trade marks, the
Court of First Instance (Fourth Chamber), composed of:
M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; D. Christensen, Administrator, for the Registrar, has given a judgment
on 20 November 2002, in which it: