CELEX: C2002/202/54
Language: en
Date: 2002-08-24 00:00:00
Title: Case T-183/02: Action brought on 11 June 2002 by El Corte Inglés, S.A. against the Office for Harmonisation in the Internal Market

24.8.2002             EN                     Official Journal of the European Communities                                       C 202/33
Grounds of claim:            —     Irregularity of the procedure        Pleas in law and main arguments
                                   in that the appeal was reas-
                                   signed to another Board of
                                   appeal and that the applicant
                                   was not informed of the              Applicant for the Com-        The applicant.
                                   change of name of the                munity trade mark:
                                   opponent.
                                                                        Community trade mark          Word mark MUNDICOR (appli-
                             —     Failure of the Board of              applied for:                  cation published in Community
                                   Appeal to provide reasons                                          Trade Mark Bulletin No 27/98,
                                   for its decision.                                                  p. 600, 14 April 1998) for goods
                                                                                                      in the 42 classes of the nomencla-
                             —     Breach of the concept of                                           ture.
                                   ‘likelihood of confusion’.
                             —     Misuse of rights by the              Owner of the mark or          González Cabello S.A.
                                   opponent in that it has not          sign relied on in the
                                   made any use of the mark             opposition proceedings:
                                   objected to.
                                                                        Mark or sign opposed:         Spanish mark MUNDICOLOR for
                                                                                                      goods in class 2 (colours, varnish-
                                                                                                      es, lacquers, preservatives against
                                                                                                      rust and against deterioration of
                                                                                                      wood; colorants; mordants; raw
                                                                                                      natural resins; metals in foil and
                                                                                                      powder form for painters, decor-
                                                                                                      ators, printers and artists).
                                                                        Decision of the oppo-         Application allowed.
                                                                        sition division:
Action brought on 11 June 2002 by El Corte Inglés, S.A.
against the Office for Harmonisation in the Internal                    Decision of the Board of      Dismissal of the appeal brought
                            Market                                      Appeal:                       by El Corte Inglés S.A.
                                                                        Pleas in law relied on:       Misapplication of Article 8(1)(b)
                       (Case T-183/02)                                                                of Regulation (EC) No 40/94 (like-
                                                                                                      lihood of confusion).
                       (2002/C 202/54)
                 (Language of the case: Spanish)
An action against the Office for Harmonisation in the Internal          Action brought on 11 June 2002 by El Corte Inglés, S.A.
Market was brought before the Court of First Instance of the            against the Office for Harmonisation in the Internal
European Communities on 11 June 2002 by El Corte Inglés,                                            Market
S.A. of Madrid, represented by Juan Luis Rivas Zurdo.
                                                                                                (Case T-184/02)
The applicant claims that the Court should:
                                                                                                (2002/C 202/55)
—    annul the decision of 22.3.02 of OHIM’s First Board of
     Appeal and the decision of 17.9.99 of OHIM’s opposition                              (Language of the case: Spanish)
     division;
—    allow registration of Community Trade Mark No 557108
     ‘MUNDICOR’ to proceed for all goods claimed in Class 2;            An action against the Office for Harmonisation in the Internal
                                                                        Market was brought before the Court of First Instance of the
                                                                        European Communities on 11 June 2002 by El Corte Inglés,
—    order the opponent(s) to pay the costs.                            S.A. of Madrid, represented by Juan Luis Rivas Zurdo.