CELEX: C2002/169/72
Language: en
Date: 2002-07-13 00:00:00
Title: Case T-140/02: Action brought on 2 May 2002 by Sportwetten GmbH Gera against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

13.7.2002              EN                    Official Journal of the European Communities                                       C 169/41
Action brought on 2 May 2002 by Sportwetten GmbH                        Decision of Board of          Dismissal of applicant’s appeal
Gera against the Office for Harmonisation in the Internal               Appeal:
              Market (Trade Marks and Designs)
                                                                        Pleas in law:                 —     The registered trade mark
                                                                                                            designates services prohibit-
                         (Case T-140/02)
                                                                                                            ed in Germany
                                                                                                      —     The use of the trade mark
                         (2002/C 169/72)                                                                    for the services in respect
                                                                                                            of which it is registered is
                                                                                                            contrary to public policy and
(Language of the case to be determined pursuant to Article 131(2)                                           accepted      principles    of
of the Rules of Procedure — language in which the application was                                           morality      pursuant      to
                        submitted: German)                                                                  Article 7(1)(f) of Regulation
                                                                                                            (EC) No 40/94 (1).
                                                                                                      —     The Office failed to take
An action against the Office for Harmonisation in the Internal                                              account of the requirement
Market (Trade Marks and Designs) was brought before the                                                     as to use and the significance
Court of First Instance of the European Communities on 2 May                                                of Article 106(2) of the
2002 by Sportwetten GmbH Gera, residing in Gera (Germany),                                                  Regulation.
represented by A. Zumschlinge, lawyer.
                                                                        (1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
Intertops Sportwetten GmbH, Salzburg (Austria), was an                      Community trade mark (OJ 1994 L 11, p. 1).
additional party to the proceedings before the Board of Appeal.
The applicant claims that the Court should:
—     annul the decision of the Fourth Board of Appeal of the
      Office for Harmonisation in the Internal Market (Trade
      Marks and Designs) of 21 February 2002 in appeal                  Action brought on 3 May 2002 by Vetoquinol AG
      no R 0338/2000-4 and the initial decision of the Office           (formerly Chassot AG) against the Office for Harmonis-
      for Harmonisation in the Internal Market of 2 February                             ation in the Internal Market
      2000, ref.: C000422014/1;
                                                                                                 (Case T-141/02)
—     declare the Community trade mark with registration
      no 000422014, the word and figurative mark ‘Intertops’,
      void.                                                                                      (2002/C 169/73)
                                                                                          (Language of the case: English)
Pleas in law and main arguments
                                                                        An action against the Office for Harmonisation in the Internal
Registered trade mark in      Figurative mark ‘INTERTOPS’ for
                                                                        Market was brought before the Court of First Instance of the
respect of which a dec-       services in Class 42 — Com-
                                                                        European Communities on 3 May 2002 by Vetoquinol AG
laration of nullity is        munity trade mark 422014
                                                                        (formerly Chassot AG), represented by Mr Axel Kockläuner of
sought:
                                                                        Meissner, Bolte & Partner, Munich (Germany).
Proprietor of the Com-        Intertops Sportwetten GmbH
munity trade mark:
                                                                        A further party before the Board of Appeal was VETO-Centre.
Party applying for a dec-     The applicant
laration of nullity of the
Community trade mark:                                                   The applicant claims that the Court should:
Trade mark or sign right      The German word mark                      —    annul the Decision of the First Board of Appeal of the
of applicant:                 ‘INTERTOPS SPORTWETTEN’ for                    defendant dated 15 February 2002 in case no R 218/
                              services in Class 42                           2001 (‘the contested Decision’);
Decision of Cancellation      Dismissal of application                  —    order that the costs of the proceedings be borne by the
Division:                                                                    defendant.