CELEX: C2003/275/77
Language: en
Date: 2003-11-15 00:00:00
Title: Case T-301/03: Action brought on 29 August 2003 by Canali Ireland Limited against the Office for Harmonisation in the Internal Market

C 275/46               EN                        Official Journal of the European Union                                       15.11.2003
Action brought on 29 August 2003 by Canali Ireland                       Decision of the Board of      Annulent of the Decision of the
Limited against the Office for Harmonisation in the                      Appeal:                       Opposition Division and rejection
                         Internal Market                                                               of the opposition
                                                                         Pleas in Law:                 Incorrect       application      of
                         (Case T-301/03)
                                                                                                       Article 8(1)(b) of Regulation (EC)
                                                                                                       No 40/94 (risk of confusion).
                         (2003/C 275/77)
(Language of the case to be determined pursuant to Article 131(2)
of the Rules of Procedure — language in which the application was
                        submitted: English)
                                                                         Action brought on 4 September 2003 by Lidl Stiftung &
An action against the Office for Harmonisation in the Internal           Co. KG against the Office for Harmonisation in the
Market was brought before the Court of First Instance of the                 Internal Market (Trade Marks and Designs) (OHIM)
European Communities on 29 August 2003 by Canali Ireland
Limited, Dublin, (Ireland), represented by C. Gielen and O.                                       (Case T-303/03)
Schmutzer, lawyers. Canali S.p.A. was also a party to the
proceedings before the Board of Appeal.
                                                                                                  (2003/C 275/78)
The applicant claims that the Court should:
                                                                         (Language of the case to be determined pursuant to Article 131(2)
                                                                         of the Rules of Procedure — language in which the application was
—     annul the decision of the Second Board of Appeal of
                                                                                                 submitted: German)
      17 June 2003;
—     declare that the opposition filed against the application
      by the applicant for the mark CANAL JEAN CO succeeds
      and to refuse the application for this mark in its entirety        An action against the Office for Harmonisation in the Internal
      and/or to give any order that the Court deems fit;                 Market (Trade Marks and Designs) (OHIM) was brought before
                                                                         the Court of First Instance of the European Communities on
                                                                         4 September 2003 by Lidl Stiftung & Co. KG, Neckarsulm
—     order for payment of all cost of the proceedings against           (Germany), represented by P. Groß, lawyer. REWE-Zentral AG,
      the applicant.                                                     Cologne (Germany), was also a party to the proceedings before
                                                                         the Board of Appeal.
Pleas in law and main arguments                                          The applicant claims that the Court should:
Applicant for Com-            Canal Jean Co., Inc.                       —     declare void and annul the decision of 30 June 2003 of
munity trade mark:                                                             the First Board of Appeal of the Office for Harmonisation
                                                                               in the Internal Market (Trade Marks and Designs) on the
Community trade mark          Figurative trade mark ‘CANAL —                   appeal in Case R 408/2002-1 concerning registration of
sought:                       JEAN          CO.’     Application               the Community trade mark ‘Salvita’ under Application
                              No 425363, relating to goods                     No 609339;
                              in Class 25 (Articles of clothing,
                              footwear, head gear).                      —     order the defendant to reimburse the applicant the costs
                                                                               of these proceedings.
Proprietor of mark or         The applicant
sign cited in the oppo-
sition proceedings:
                                                                         Pleas in law and main arguments
Mark or sign cited in         Italian trade mark registration
opposition:                   No 513948 for the word mark
                              ‘CANALI’ for goods and services            Applicant for Com-            REWE-Zentral AG
                              in Classes 3, 6, 9, 14, 16, 18, 20,        munity trade mark:
                              25, 34 and 42
                                                                         Community trade mark          The word mark ‘Salvita’ for goods
Decision of the Oppo-         Admission of the opposition                sought:                       in Classes 5, 29, 30 and 32 —
sition Division:                                                                                       Application No 609339