Source: EURLEX
Language: en
Format: md

C 109/48 EN Official Journal of the European Communities 4.5.2002

**Action brought on 14 January 2002 by Zapf Creation AG** Grounds of claim: Violation of Article 43, Section 2
**against the Office for Harmonisation in the Internal** of Regulation 40/94 ( [1] ) since there
**Market** was no satisfactory proof of the
genuine use of the opposing
trademark and violation of
**(Case T-8/02)** Article 8, Section 1 b) of Regulation 40/94 since there is no
danger of confusion.
(2002/C 109/95)

( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
_(Language of the case: English)_ Community trade mark (OJ 11, p. 1).

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 14 January 2002 by Zapf Creation
AG, represented by Mr Axel Kockläuner of Meissner Bolte &
Partner, Munich (Germany).

**Action brought on 30 January 2002 by Agrofair Benelux**
**BV, Volta River Estates Limited, SH Pratt & Co (Bananas)**
The applicant claims that the Court should: **Ltd and M W Mack Limited against the Commission of**
**the European Communities**

—
annul the decision of the First Board of Appeal of
29 October 2001 in case R 418/2001-1 relating to
**(Case T-14/02)**
Opposition Proceedings no. B 97230 and Community
trade mark application no. 50229 ‘Colette Zapf Creation
Kombi Collection’
(2002/C 109/96)

_(Language of the case: English)_

_Pleas in law and main arguments_

An action against the Commission of the European CommuniApplicant for the Com- Zapf Creation AG
ties was brought before the Court of First Instance of the
munity trade mark:
European Communities on 30 January 2002 by Agrofair
Benelux BV, Volta River Estates Limited, SH Pratt & Co
The Community trade The figurative mark ‘Colette Zapf (Bananas) Ltd and M W Mack Limited, represented by Mr Philmark concerned: Creation Kombi Collection’ for ippe Vlaemminck and Mr Pieter De Wael of Vlaemminck &
certain goods in class 28 Partners, Ghent (Belgium).

Proprietor of the right to Jesmar S.A.
the trade mark or sign
The applicant claims that the Court should:
asserted by way of opposition in the opposition
proceedings: —
annul Article 1, third indent and Article 2(4) of Commission Regulation (EC) No 2294/2001 of 26 November
Trade mark or sign The Spanish word mark ‘Colette’ 2001 fixing certain indicative quantities and individual
asserted by way of oppo- for certain goods in class 28 ceilings for the issue of licences for imports of bananas
sition in the opposition into the Community for the first quarter of 2002 under
proceedings: the tariff quotas to the extent that the applicants can only
import a maximum of 8 % of their annual allocation
during the first quarter of 2002;
Decision of the Oppo- Rejection of the opposition by
sition Division: Jesmar S.A.

—
order the Commission to pay the costs of the applicant
Decision of the Board of Admission of the appeal lodged companies in the present proceedings including the costs
Appeal: by Jesmar S.A. of the interim proceedings.