Source: EURLEX
Language: en
Format: md

C 144/56 EN Official Journal of the European Communities 15.6.2002

**Action brought on 6 April 2002 by Matratzen Concord** Decision of the Oppo- Rejection of the application for
**GmbH against Office for Harmonisation in the Internal** sition Division: goods in classes 20 and 24, rejec**Market (Trade marks and designs)** tion of the opposition as regards
goods in class 10

**(Case T-105/02)** Decision of the Board of Dismissal of the applicant’s appeal
Appeal:

(2002/C 144/110) Grounds of claim: — No likelihood of confusion
under Article 8 of Regulation
(EC) No 40/94 ( [1] );
_(Language of the case to be determined in accordance with_

—
_Article 131(2) of the Rules of Procedure — Language in which the_ No similarity between the
_application was drafted: German)_ opposing marks;

— Incorrect division of the trade mark into its individual

components;
An action against the Office for Harmonisation in the Internal
Market (Trade marks and designs) was brought before the — Failure to follow the caseCourt of First Instance of the European Communities on law of the Court of Justice
6 April 2002 by Matratzen Concord GmbH, of Cologne concerning the overall
(Germany), represented by W.-W. Wodrich, lawyer, with an impression of the trade
address for service in Luxembourg. The other party before the mark;
Board of Appeal was Hukla Germany, S.A., of Castellbisbal

—
(Spain). Right of a competitor in the
market to combine the designation of his main products
with the name of his firm;
The applicant claims that the Court should:

—
Opposing mark not capable

—
Set aside the decision of the defendant (Second Board of of protection.
Appeal) of 25 January 2002 (reference of the appeal R
1045/2000-2);
( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
Community trade mark (OJ 1994 L 11, p. 1).

—
Dismiss the opposition of the opponent of 17 December
1998 (reference B 115 057);

—
Order the defendant and the opponent to pay all the
costs of the procedure before the Opposition Division
and the Board of Appeal and of the present proceedings.
**Action brought on 15 April 2002 by BaByliss SA against**
**the Commission of the European Communities**

**(Case T-114/02)**
_Pleas in law and main arguments_
(2002/C 144/111)

Applicant for the Com- The applicant
munity trade mark: _(Language of the Case: French)_

Community trade mark Figurative trade mark
applied for: ‘MATRATZEN CONCORD’ for An action against the Commission of the European Communigoods in classes 10, 20 and 24 — ties was brought before the Court of First Instance of the
Application No 739722 European Communities on 15 April 2002 by BaByliss SA, of
Montrouge (France), represented by Jacques-Philippe Gunther,
Proprietor of the right to Hukla Germany, S.A. lawyer.
the trade mark or sign
asserted by way of oppoThe applicant claims that the Court should:
sition in the opposition
proceedings: —
annul the decision adopted by the Commission on
8 January 2002 in the case of COMP/M.2621 SEB v
Trade mark or sign Spanish word trade mark MOULINEX;
asserted by way of oppo- ‘MATRATZEN’ for goods in
sition: class 20 — order the Commission to pay all the costs.