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