Source: EURLEX
Language: en
Format: md

13.7.2002 EN Official Journal of the European Communities C 169/41

**Action brought on 2 May 2002 by Sportwetten GmbH** Decision of Board of Dismissal of applicant’s appeal
**Gera against the Office for Harmonisation in the Internal** Appeal:
**Market (Trade Marks and Designs)**
Pleas in law: — The registered trade mark
designates services prohibit**(Case T-140/02)**
ed in Germany
— The use of the trade mark
(2002/C 169/72) for the services in respect
of which it is registered is
contrary to public policy and
_(Language of the case to be determined pursuant to Article 131(2)_ accepted principles of
_of the Rules of Procedure — language in which the application was_ morality pursuant to
_submitted: German)_ Article 7(1)(f) of Regulation
(EC) No 40/94 ( [1] ).

— The Office failed to take
An action against the Office for Harmonisation in the Internal account of the requirement
Market (Trade Marks and Designs) was brought before the as to use and the significance
Court of First Instance of the European Communities on 2 May of Article 106(2) of the
2002 by Sportwetten GmbH Gera, residing in Gera (Germany), Regulation.
represented by A. Zumschlinge, lawyer.

( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
Community trade mark (OJ 1994 L 11, p. 1).
Intertops Sportwetten GmbH, Salzburg (Austria), was an
additional party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

—
annul the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 21 February 2002 in appeal **Action brought on 3 May 2002 by Vetoquinol AG**
no R 0338/2000-4 and the initial decision of the Office **(formerly Chassot AG) against the Office for Harmonis-**
for Harmonisation in the Internal Market of 2 February **ation in the Internal Market**
2000, ref.: C000422014/1;

**(Case T-141/02)**

—
declare the Community trade mark with registration
no 000422014, the word and figurative mark ‘Intertops’,
void. (2002/C 169/73)

_(Language of the case: English)_

_Pleas in law and main arguments_

An action against the Office for Harmonisation in the Internal
Registered trade mark in Figurative mark ‘INTERTOPS’ for
respect of which a dec- services in Class 42 — Com- Market was brought before the Court of First Instance of the
laration of nullity is munity trade mark 422014 European Communities on 3 May 2002 by Vetoquinol AG
(formerly Chassot AG), represented by Mr Axel Kockläuner of
sought:
Meissner, Bolte & Partner, Munich (Germany).

Proprietor of the Com- Intertops Sportwetten GmbH
munity trade mark:
A further party before the Board of Appeal was VETO-Centre.

Party applying for a dec- The applicant
laration of nullity of the
The applicant claims that the Court should:
Community trade mark:

Trade mark or sign right The German word mark — annul the Decision of the First Board of Appeal of the
of applicant: ‘INTERTOPS SPORTWETTEN’ for defendant dated 15 February 2002 in case no R 218/
services in Class 42 2001 (‘the contested Decision’);

Decision of Cancellation Dismissal of application — order that the costs of the proceedings be borne by the
Division: defendant.