Source: EURLEX
Language: en
Format: md

C 289/26 EN Official Journal of the European Union 29.11.2003

**Action brought on 21 August 2003 by the Consorzio per**
**la Tutela del Formaggio Grana Padano against the Office**
**for Harmonisation in the Internal Market (Trade Marks**
**and Designs) (OHIM)**

**(Case T-291/03)**

(2003/C 289/55)

_(Language of the case: Italian)_

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 21 August 2003 by the Consorzio
per la Tutela del Formaggio Grana Padano, represented by
Paolo Perani, Paolo Colombo and Alex Schmitt, lawyers.
Biraghi S.p.A. was also a party to the proceedings before the
Board of Appeal.

The applicant claims that the Court should:

—
annul the registration of the Community trade mark
No 736.934 GRANA BIRAGHI owned by Biraghi S.p.A.
in so far as, in particular it is in conflict with the combined
provisions of Article 142 of Regulation (EEC) No 40/94
and Article 13(1) of Regulation (EEC) No 2081/92.

_Pleas in law and main arguments_

Applicant for Com- Biraghi S.p.A.
munity trade mark:

Community trade mark Word mark ‘GRANA BIRAGHI’
sought: — Application No 736.934 for
products in Class 29: ‘Cheese, in
particular cheese from cows’ milk,
mature cheese,hard cheese, whole
cheeses, portions of cheese with
or without rind, packaged cheese
of various sizes, grated and packaged cheese.’

Proprietor of mark or The applicant Consorzio.
sign cited in the opposition proceedings:

Mark or sign cited in Numerous national and interopposition: national registrations and applications to register the trade marks
‘GRANA’ and ‘GRANA PADANO’
and trade marks containing those
terms in combination with figurative elements and words for
products in Class 29.

Decision of the Oppo- Refusal of the application for
sition Division: registration.

Decision of the Board of Annulment of the Opposition
Appeal: Division’s decision and rejection
of the opposition.

Pleas in law: — The term ‘GRANA’ is not
generic.

—
Breach of Article 13(1)(a),
(b), (c) and (d) of Council
Regulation (EEC) No 2081/
92 of 14 July 1992 on the
protection of geographical
indications and designations
of origin for agricultural
products and foodstuffs ( [1] ),
and of the national rules on
company designations of
origin.

— Likelihood of confusion
(Article 8(1)(b) of Regulation
No 40/94).

( [1] ) OJ L 208 of 24.7.92, p. 1.

**Action brought on 9 September 2003 by Volkswagen AG**
**against the Office for Harmonisation in the Internal**
**Market (Trade Marks and Designs) (OHIM)**

**(Case T-306/03)**

(2003/C 289/56)

_(Language of the case: German)_

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
9 September 2003 by Volkswagen AG, Wolfsburg (Germany),
represented by S. Risthaus, lawyer.

The applicant claims that the Court should:

—
annul the decision of 7 July 2003 of the Second Board
of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) in Case
R 1012/2001-2;

—
order the defendant to pay the costs of the proceedings.