CELEX: C2002/202/57
Language: en
Date: 2002-08-24 00:00:00
Title: Case T-188/02: Action brought on 17 June 2002 by Freiberger Lebensmittel GmbH & Co. Produktions- und Vertriebs KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

24.8.2002             EN                        Official Journal of the European Communities                                       C 202/35
Incorrect application of       likelihood of confusion exists              Mark invoked in the           International mark No 516269
Article 8(1)(b) of Regu-       because of the undisputed identity          opposition proceedings:       ‘Roberto’ for goods in Classes 29
lation No 40/94:               or, at least, similarity of the goods,                                    and 30 and the opponent’s trading
                               the visual and phonetic similarity                                        name ‘ROBERTO’
                               of the marks and the inherent
                               distinctiveness of the mark cited           Decision of the oppo-         Dismissal of the opposition
                               in opposition.                              sition division:
                                                                           Decision of the Board of      Annulment of the decision of the
                                                                           Appeal:                       opposition division and remittal
                                                                                                         of the application
                                                                           Pleas in law relied on:       —     Infringement of Rule 16 of
                                                                                                               Regulation (EC) No 2868/
                                                                                                               95 (1);
Action brought on 17 June 2002 by Freiberger Lebensmit-
tel GmbH & Co. Produktions- und Vertriebs KG against                                                     —     Infringement               of
the Office for Harmonisation in the Internal Market                                                            Article 42(1), in conjunction
                  (Trade Marks and Designs)                                                                    with Article 8(2) and (4),
                                                                                                               of Regulation (EC) No 40/
                                                                                                               94 (2).
                        (Case T-188/02)
                        (2002/C 202/57)                                    (1) Commission Regulation (EC) No 2868/95 of 13 December
                                                                               1995 implementing Council Regulation (EC) No 40/94 on the
                                                                               Community trade mark (OJ 1995 L 303, p. 1).
(Language of the case to be determined in accordance with                  (2) Council Regulation (EC) No 40/94 of 20 December 1993 on the
Article 131(2) of the Rules of Procedure Language in which the                 Community trade mark (OJ 1994 L 11, p. 1).
                  application was made: German)
An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
17 June 2002 by Freiberger Lebensmittel GmbH & Co.
Produktions- und Vertriebs KG, of Berlin, Germany, represent-              Action brought on 17 June 2002 by Anita Jannice Öster-
ed by K.-D. Rathke. Roberto S.A. of Chevilly, France, was an                holm against Commission of the European Communities
additional party before the Board of Appeal.
                                                                                                    (Case T-190/02)
The applicant claims that the Court should:
                                                                                                    (2002/C 202/58)
—     annul the decision of the Fourth Board of Appeal of the
      Office for Harmonisation in the Internal Market of                                      (Language of the case: French)
      28.2.2002 in Case R 1155/2000-4;
—     order the opponent to pay the costs.
                                                                           An action against the Commission of the European Communi-
                                                                           ties was brought before the Court of First Instance of the
                                                                           European Communities on 17 June 2002 by Anita Jannice
Pleas in law and main arguments                                            Österholm, residing in Stockholm, represented by Juan Ramon
                                                                           Iturriagagoitia Bassas, lawyer.
Applicant for the Com-         The applicant
munity trade mark:                                                         The applicant claims that the Court should:
Trade mark applied for:        Word mark ‘Alberto’ for goods in            —     annul the decision of the appointing authority of
                               Classes 29 and 30 — Application                   11 March 2002 replying to complaint No 389/01 lodged
                               No 26211                                          by J. Österholm;
Proprietor of the trade        Roberto S.A.                                —     annul in part the decision of the Directorate General for
mark right invoked in                                                            Personnel and Administration of the European Com-
the opposition proceed-                                                          mission of 2 July 2001 concerning the computation of
ings:                                                                            annual leave between 8 and 31 July 2000;