CELEX: C2003/070/38
Language: en
Date: 2003-03-22 00:00:00
Title: Case T-355/02: Action brought on 29 November 2002 by Mühlens GmbH & Co. KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

22.3.2003              EN                           Official Journal of the European Union                                           C 70/23
Action brought on 29 November 2002 by Mühlens GmbH                          Decision of the Oppo-          Dismissal of the opposition
& Co. KG against the Office for Harmonisation in the                        sition Board:
         Internal Market (Trade Marks and Designs)
                                                                            Decision of the Board of       Dismissal of the applicant’s appeal
                                                                            Appeal:
                          (Case T-355/02)
                                                                            Grounds of claim:              —    The goods are partly ident-
                          (2003/C 70/38)                                                                        ical, or to a great extent
                                                                                                                similar
(Language of the case to be decided in accordance with Article 131(2)                                      —    There is great similarity in
of the Rules of Procedure — Language in which the application was                                               relation to the marks
                           drafted: German)
                                                                                                           —    There is a risk of confusion
                                                                                                                between the marks that are
                                                                                                                comparable
An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
29 November 2002 by Mülhens GmbH & Co. KG, Köln
(Germany), represented by T. Schulte-Beckhausen. Also a party
before the Board of Appeal: Zirh International CDRP, New
York, United States of America
The applicant claims that the Court should:                                 Action brought on 13 December 2002 by Dorte Schmidt-
                                                                            Brown against Commission of the European Communities
—     annul the decision of the Second Board of Appeal of
      1 October 2002 (File No R 657/2001-2;
                                                                                                    (Case T-387/02)
—     order the defendant to pay the costs.
                                                                                                     (2003/C 70/39)
Pleas in law and main arguments                                                                (Language of the case: French)
Applicant for the Com-           ZIRH International CDRP
munity trade mark:
Community trade mark             Word mark ‘ZIRH’ for goods and             An action against the Commission of the European Communi-
concerned:                       services in Classes 3 and 42 (inter        ties was brought before the Court of First Instance of the
                                 alia, Soaps; perfumery; essential          European Communities on 13 December 2002 by Dorte
                                 oils; cosmetics; hair lotions and          Schmidt-Brown, residing in Wellen (Germany), represented by
                                 Hygienic and beauty care services)         Albert Coolen, Jean-Noël Louis and Etienne Marchal, lawyers.
                                 — Application No 1316744
Owner of the right to            The applicant
the trade mark or sign                                                      The applicant claims that the Court should:
asserted by way of oppo-
sition in the opposition
                                                                            —     annul the decision of the Commission of 26 April 2002
proceedings:
                                                                                  rejecting the applicant’s request seeking:
Trade mark or sign               The figurative mark ‘Sir’ for Goods
asserted by way of oppo-         in Class 3 (Perfumery, essential                 —    aid and assistance from her institution in the action
sition in the opposition         oils, cosmetics, dentifrices, soaps,                  brought before the courts of the United Kingdom
proceedings:                     hair lotions.                                         against Eurogramme Ltd;