CELEX: C2004/118/49
Language: en
Date: 2004-04-30 00:00:00
Title: Order of the Court of Justice (Fourth Chamber) of 28 April 2004 in Case C-3/03 P Matratzen Concord GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Appeal — Community trade mark — Regulation (EC) No 40/94 — Similarity between two signs — Likelihood of confusion — Application for a figurative Community trade mark containing the word ‘Matratzen’ — Earlier word mark MATRATZEN)

30.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 118/28
            
         
      ORDER OF THE COURT OF JUSTICE
   
   (Fourth Chamber)
   of 28 April 2004
   in Case C-3/03 P Matratzen Concord GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1)
   
   (Appeal - Community trade mark - Regulation (EC) No 40/94 - Similarity between two signs - Likelihood of confusion - Application for a figurative Community trade mark containing the word ‘Matratzen’ - Earlier word mark MATRATZEN)
   (2004/C 118/49)
   Language of the case: German
   In Case C-3/03 P: appeal by Matratzen Concord GmbH, formerly Matratzen Concord AG, established in Cologne (Germany) (lawyer: W.-W. Wodrich) against the judgment of the Court of First Instance of the European Communities (Fourth Chamber) of 23 October 2002 in Case T-6/01 Matratzen Concord v OHIM – Hukla Germany (Matratzen) [2002] ECR II-4335, seeking annulment of that judgment, by which the Court of First Instance dismissed the action brought against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 31 October 2000, refusing registration of a figurative mark as a Community trade mark (Joined Cases R 728/1999-2 and R 792/1999-2), the other party to the proceedings being: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: A. von Mühlendahl and G. Schneider) – the Court (Fourth Chamber), composed of J.N. Cunha Rodrigues, President of the Chamber, F. Macken (Rapporteur) and K. Lenaerts Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar, made an order on 28 April 2004, the operative part of which is as follows:
   
               1.
            
            
               The appeal is dismissed.
            
         
               2.
            
            
               The applicant shall pay the costs.
            
         
      (1)  OJ C 70 of 22. 3. 2003.