CELEX: 62008TJ0351
Language: en
Date: 2010-06-30 00:00:00
Title: Judgment of the General Court (Seventh Chamber) of 30 June 2010. # Matratzen Concord GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark MATRATZEN CONCORD - Earlier national word mark MATRATZEN - Relative ground for refusal - Evidence of use of the earlier mark - Obligation to state the reasons on which a decision is based - Article 73 of Regulation (EC) No 40/94 (now Article 75 of Regulation (EC) No 207/2009). # Case T-351/08.

Judgment of the General Court (Seventh Chamber) of 30 June 2010 – Matratzen Concord v OHIM – Barranco Schnitzler and Barranco
            Rodriguez (MATRATZEN CONCORD)
      (Case T-351/08)
      Community trade mark – Opposition proceedings – Application for Community figurative mark MATRATZEN CONCORD – Earlier national word mark MATRATZEN – Relative ground for refusal – Evidence of use of the earlier mark – Duty to state reasons – Article 73 of Regulation (EC) No 40/94 (now Article 75 of Regulation (EC) No 207/2009)
      Community trade mark – Procedural provisions – Statement of reasons for decisions – Article 73, first sentence, of Regulation No 40/94 – Scope identical with that of Article 253 EC (Art. 253 EC; Council Regulation No 40/94, Art. 73, first sentence) (see paras
         17-18, 23)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 30 May 2008 (Case R 1034/2007‑2), relating to
                  opposition proceedings between (i) Pablo Barranco Schnitzler and Mariano Barranco Rodriguez and (ii) Matratzen Concord GmbH.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Matratzen Concord GmbH
            
         
               Community trade mark sought:
            
            
               Figurative mark MATRATZEN CONCORD for goods in Classes 10, 20 and 24 – Application No 3355369
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Pablo Barranco Schnitzler and Mariano Barranco Rodriguez
            
         
               Mark or sign cited in opposition:
            
            
               National word mark MATRATZEN for goods in Class 20
            
         
               Decision of the Opposition Division: 
            
            
               Refusal of the application for a Community trade mark
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
                     Designs) (OHIM) of 30 May 2008 (Case R 1034/2007‑2); 
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to pay the costs.