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.

C 202/34 EN Official Journal of the European Communities 24.8.2002

The applicant claims that the Court should: **Action brought on 13 June 2002 by Succession Picasso**
**against the Office for Harmonisation in the Internal**
— annul the decisions of 22.3.02 of the OHIM’s First Board **Market**
of Appeal in Case 115/2000-1 and 15.11.99 of the
OHIM’s Opposition Division; **(Case T-185/02)**

—
allow registration of Community Trade Mark No 557108
(2002/C 202/56)
‘mundicolor’ to proceed in respect of all services in
Class 39 ‘transport services and travel arrangements’
and Class 42 ‘providing of food and drink; temporary _(Language of the case: English)_
accommodation’;

—
order the opponent(s) to pay the costs.
An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 13 June 2002 by Succession
_Pleas in law and main arguments_ Picasso, represented by Charles Gielen, lawyer. A further
party to the proceedings before the Board of Appeal was
DaimlerChrysler AG (Intellectual Property Management).

Applicant for the Com- The applicant.
munity trade mark: The applicant claims that the Court should:

—
Community trade mark Word mark MUNDICOR (appli- annul the Decision of the Third Board of Appeal of
applied for: cation published in Community 18 March 2002 and of the Opposition Division of
Trade Mark Bulletin No 27/98, 11 January 2001;
p. 600 of 14 April 1998) for
goods in 42 classes of the — declare that the opposition filed by the applicant against
nomenclature. the application for registration of the mark PICARO is
successful and refuse the application for the mark in its
Owner of the mark or IBERIA Lı´neas Aéreas de Espan˜a entirety and/or make any other order that the Court
sign relied on in the S.A. deems fit;
opposition proceedings:

—
order DaimlerChrysler to pay all costs of the proceedings.
Mark or sign opposed: Spanish word mark MUNDICOLOR for goods in Class 39 (passenger transport services, excursions and tourist promotions) and
_Pleas in law and main arguments_
42 (hotel accommodation services, travel arrangements and
organisation of holidays).
Mixed international mark MUNDI Applicant for the Com- DaimlerChrysler
munity trade mark:
COLOR, extended to France, Italy,
Austria and the Benelux countries
The Community trade Word mark ‘PICARO’ — Applifor ‘travel planning services and
mark sought: cation No 927764, relating to
organisation of travel’ in Class 39
and ‘services involving hotel goods in Class 12 (vehicles and
accommodation and food’ in parts thereof).
Class 42.
Proprietor of the trade Succession Picasso.
mark or sign right cited
Decision of the oppo- Application allowed.
sition division: in the opposition proceedings:

Decision of the Board of Dismissal of the appeal brought
Trade mark or sign right The word mark ‘PICASSO’ (ComAppeal: by El Corte Inglés S.A.
cited in the opposition munity trade mark registration
proceedings: No 614567).
Grounds relied on: Misapplication of Article 8(1)(b)
of Regulation (EC) No 40/94 (likeDecision of the Oppo- Decision of the Board of Appeal:
lihood of confusion).
sition Division:Rejection
of the opposition.

Dismissal of the appeal. Grounds of claim: