CELEX: C2002/144/110
Language: en
Date: 2002-06-15 00:00:00
Title: Case T-105/02: Action brought on 6 April 2002 by Matratzen Concord GmbH against Office for Harmonisation in the Internal Market (Trade marks and designs)

C 144/56              EN                     Official Journal of the European Communities                                     15.6.2002
Action brought on 6 April 2002 by Matratzen Concord                     Decision of the Oppo-         Rejection of the application for
GmbH against Office for Harmonisation in the Internal                   sition Division:              goods in classes 20 and 24, rejec-
              Market (Trade marks and designs)                                                        tion of the opposition as regards
                                                                                                      goods in class 10
                        (Case T-105/02)                                 Decision of the Board of      Dismissal of the applicant’s appeal
                                                                        Appeal:
                       (2002/C 144/110)                                 Grounds of claim:             —    No likelihood of confusion
                                                                                                           under Article 8 of Regulation
                                                                                                           (EC) No 40/94 (1);
(Language of the case to be determined in accordance with
Article 131(2) of the Rules of Procedure — Language in which the                                      —    No similarity between the
                 application was drafted: German)                                                          opposing marks;
                                                                                                      —    Incorrect division of the tra-
                                                                                                           de mark into its individual
                                                                                                           components;
An action against the Office for Harmonisation in the Internal
Market (Trade marks and designs) was brought before the                                               —    Failure to follow the case-
Court of First Instance of the European Communities on                                                     law of the Court of Justice
6 April 2002 by Matratzen Concord GmbH, of Cologne                                                         concerning the overall
(Germany), represented by W.-W. Wodrich, lawyer, with an                                                   impression of the trade
address for service in Luxembourg. The other party before the                                              mark;
Board of Appeal was Hukla Germany, S.A., of Castellbisbal
(Spain).                                                                                              —    Right of a competitor in the
                                                                                                           market to combine the desig-
                                                                                                           nation of his main products
The applicant claims that the Court should:                                                                with the name of his firm;
                                                                                                      —    Opposing mark not capable
—     Set aside the decision of the defendant (Second Board of                                             of protection.
      Appeal) of 25 January 2002 (reference of the appeal R
      1045/2000-2);
                                                                        (1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
                                                                            Community trade mark (OJ 1994 L 11, p. 1).
—     Dismiss the opposition of the opponent of 17 December
      1998 (reference B 115 057);
—     Order the defendant and the opponent to pay all the
      costs of the procedure before the Opposition Division
      and the Board of Appeal and of the present proceedings.
                                                                        Action brought on 15 April 2002 by BaByliss SA against
                                                                              the Commission of the European Communities
                                                                                                 (Case T-114/02)
Pleas in law and main arguments
                                                                                                (2002/C 144/111)
Applicant for the Com-         The applicant
munity trade mark:                                                                        (Language of the Case: French)
Community trade mark           Figurative       trade       mark
applied for:                   ‘MATRATZEN CONCORD’ for                  An action against the Commission of the European Communi-
                               goods in classes 10, 20 and 24 —         ties was brought before the Court of First Instance of the
                               Application No 739722                    European Communities on 15 April 2002 by BaByliss SA, of
                                                                        Montrouge (France), represented by Jacques-Philippe Gunther,
Proprietor of the right to     Hukla Germany, S.A.                      lawyer.
the trade mark or sign
asserted by way of oppo-                                                The applicant claims that the Court should:
sition in the opposition
proceedings:                                                            —     annul the decision adopted by the Commission on
                                                                              8 January 2002 in the case of COMP/M.2621 SEB v
Trade mark or sign             Spanish word trade mark                        MOULINEX;
asserted by way of oppo-       ‘MATRATZEN’ for goods in
sition:                        class 20                                 —     order the Commission to pay all the costs.