Source: EURLEX
Language: en
Format: md

24.8.2002 EN Official Journal of the European Communities C 202/33

Grounds of claim: — Irregularity of the procedure _Pleas in law and main arguments_
in that the appeal was reassigned to another Board of
appeal and that the applicant
was not informed of the Applicant for the Com- The applicant.
change of name of the munity trade mark:
opponent.
Community trade mark Word mark MUNDICOR (appli— Failure of the Board of applied for: cation published in Community
Appeal to provide reasons Trade Mark Bulletin No 27/98,
for its decision. p. 600, 14 April 1998) for goods
in the 42 classes of the nomencla
—
Breach of the concept of ture.
‘likelihood of confusion’.

— Misuse of rights by the Owner of the mark or Gonza´lez Cabello S.A.
opponent in that it has not sign relied on in the
made any use of the mark opposition proceedings:
objected to.
Mark or sign opposed: Spanish mark MUNDICOLOR for
goods in class 2 (colours, varnishes, lacquers, preservatives against
rust and against deterioration of
wood; colorants; mordants; raw
natural resins; metals in foil and
powder form for painters, decorators, printers and artists).

Decision of the oppo- Application allowed.
sition division:
**Action brought on 11 June 2002 by El Corte Inglés, S.A.**
**against the Office for Harmonisation in the Internal** Decision of the Board of Dismissal of the appeal brought
**Market**
Appeal: by El Corte Inglés S.A.

Pleas in law relied on: Misapplication of Article 8(1)(b)
**(Case T-183/02)**
of Regulation (EC) No 40/94 (likelihood of confusion).

(2002/C 202/54)

_(Language of the case: Spanish)_

An action against the Office for Harmonisation in the Internal **Action brought on 11 June 2002 by El Corte Inglés, S.A.**
Market was brought before the Court of First Instance of the **against the Office for Harmonisation in the Internal**
**Market**
European Communities on 11 June 2002 by El Corte Inglés,
S.A. of Madrid, represented by Juan Luis Rivas Zurdo.

**(Case T-184/02)**

The applicant claims that the Court should:
(2002/C 202/55)

— annul the decision of 22.3.02 of OHIM’s First Board of
_(Language of the case: Spanish)_
Appeal and the decision of 17.9.99 of OHIM’s opposition
division;

—
allow registration of Community Trade Mark No 557108
An action against the Office for Harmonisation in the Internal
‘MUNDICOR’ to proceed for all goods claimed in Class 2;
Market was brought before the Court of First Instance of the
European Communities on 11 June 2002 by El Corte Inglés,

—
order the opponent(s) to pay the costs. S.A. of Madrid, represented by Juan Luis Rivas Zurdo.