Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Seventh Chamber) of 30 June 2010 – Matratzen Concord v OHIM – Barranco Schnitzler and Barranco
Rodriguez (MATRATZEN CONCORD)**

**(Case T-351/08)**

Community trade mark – Opposition proceedings – Application for Community figurative mark MATRATZEN CONCORD – Earlier national word mark MATRATZEN – Relative ground for refusal – Evidence of use of the earlier mark – Duty to state reasons – Article 73 of Regulation (EC) No 40/94 (now Article 75 of Regulation (EC) No 207/2009)

Community trade mark – Procedural provisions – Statement of reasons for decisions – Article 73, first sentence, of Regulation No 40/94 – Scope identical with that of Article 253 EC (Art. 253 EC; Council Regulation No 40/94, Art. 73, first sentence) (see paras
17-18, 23)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 30 May 2008 (Case R 1034/2007‑2), relating to opposition proceedings between (i) Pablo Barranco Schnitzler and Mariano Barranco Rodriguez and (ii) Matratzen Concord GmbH. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Matratzen Concord GmbH |
| Community trade mark sought: | Figurative mark MATRATZEN CONCORD for goods in Classes 10, 20 and 24 – Application No 3355369 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Pablo Barranco Schnitzler and Mariano Barranco Rodriguez |
| Mark or sign cited in opposition: | National word mark MATRATZEN for goods in Class 20 |
| Decision of the Opposition Division: | Refusal of the application for a Community trade mark |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 May 2008 (Case R 1034/2007‑2); |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders OHIM to pay the costs. |

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