Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 62001A0099

**Judgment of the Court of First Instance (Second Chamber) of 15 January 2003. - Mystery drinks GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs). - Community trade mark - Opposition procedure - Earlier national trade mark Mixery - Application for Community word mark MYSTERY - Proof of use of earlier mark - Relative ground for refusal - Article 8(1)(b) of Regulation No 40/94. - Case T-99/01.** 
  
*European Court reports 2003 Page II-00043*

  

[Parties](#I1)  
[Grounds](#MO)  
[Decision on costs](#CO)  
[Operative part](#DI)

## Parties

  
*In Case T-99/01,

Mystery drinks GmbH, in judicial liquidation, established in Eppertshausen (Germany), represented by T. Jestaedt, V. von Bomhard and A. Renck, lawyers,

applicant,

v

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by A. von Mühlendahl, B. Weggenmann and C. Røhl Søberg, acting as Agents,

defendant,

the intervener before the Court of First Instance being

Karlsberg Brauerei KG Weber, established in Homburg (Germany), represented by R. Lange,

ACTION brought against the decision of the Third Chamber Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 February 2001 (Case R 251/2000-3), concerning the registration of the sign MYSTERY as a Community trade mark, which was opposed by the national trade mark Mixery,

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES

(Second Chamber),

composed of: R.M. Moura Ramos, President, J. Pirrung and A.W.H. Meij, Judges,

Registrar: D. Christensen, Administrator,

having regard to the application lodged at the Registry of the Court on 7 May 2001,

having regard to the response of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) lodged at the Registry of the Court on 28 August 2001,

having regard to the response of the intervener lodged at the Registry of the Court on 17 August 2001,

further to the hearing on 18 September 2002,

gives the following

Judgment*

## Grounds

[Top](#document1)