Source: EURLEX
Language: en
Format: md

10.5.2003 EN Official Journal of the European Union C 112/37

**Action brought on 3 March 2003 by Mast-Jägermeister**
**AG against the Office for Harmonisation in the Internal**
**Market (Trade Marks and Designs)**

**(Case T-81/03)**

(2003/C 112/71)

_(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) was brought before
the Court of First Instance of the European Communities
on 3 March 2003 by Mast-Jägermeister AG, Wolfenbüttel
(Germany), represented by Chr. Drzymalla, lawyer. Licorera
Zacapaneca S.A., Zacapa (Guatemala) was also a party to the
proceedings before the Board of Appeal.

The applicant claims that the Court should:

—
annul the decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 19 December 2002 (Case R 412/
2002-1);

—
order the defendant to pay the costs.

_Pleas in law and main arguments_

Applicant for Com- Licorera Zacapaneca S.A.
munity trade mark:

Community trade mark Figurative mark ‘VENADO’ —
sought: Application No 986455 lodged in
respect of goods in Classes 32 and
33 (inter alia mineral and aerated
waters and other non-alcoholic
drinks, rum, rum-based liqueurs,
brandy)

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

Mark or sign cited in Figurative mark consisting of a
opposition: stag’s head with a cross, registered
in respect of goods in Classes 18,
25, 32 and 33 (inter alia
umbrellas, clothing, nonalcoholic beverages in so far as
included in Class 32, wines and
spirits) — Trade mark No 337337

Decision of the Oppo- Registration refused
sition Division:

Decision of the Board of Rejection of the applicant’s oppoAppeal: sition

Pleas in law: — Infringement of Article 73 of
Regulation (EC) No 40/94;

— Misapplication of
Article 8(1)(b) of Regulation
(EC) No 40/94;

— Incorrect assessment of the
similarity of the marks.

**Action brought on 3 March 2003 by Mast-Jägermeister**
**AG against the Office for Harmonisation in the Internal**
**Market (Trade Marks and Designs)**

**(Case T-82/03)**

(2003/C 112/72)

_(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) was brought before
the Court of First Instance of the European Communities
on 3 March 2003 by Mast-Jägermeister AG, Wolfenbüttel
(Germany), represented by Chr. Drzymalla, lawyer. Licorera
Zacapaneca S.A., Zacapa (Guatemala) was also a party to the
proceedings before the Board of Appeal.

The applicant claims that the Court should:

—
annul the decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 19 December 2002 (Case R 382/
2002-1);

—
order the defendant to pay the costs.