CELEX: C2003/112/71
Language: en
Date: 2003-05-10 00:00:00
Title: Case T-81/03: Action brought on 3 March 2003 by Mast-Jägermeister AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

10.5.2003              EN                        Official Journal of the European Union                                          C 112/37
Action brought on 3 March 2003 by Mast-Jägermeister                      Decision of the Oppo-         Registration refused
AG against the Office for Harmonisation in the Internal                  sition Division:
              Market (Trade Marks and Designs)
                                                                         Decision of the Board of      Rejection of the applicant’s oppo-
                          (Case T-81/03)                                 Appeal:                       sition
                                                                         Pleas in law:                 —     Infringement of Article 73 of
                         (2003/C 112/71)
                                                                                                             Regulation (EC) No 40/94;
                                                                                                       —     Misapplication             of
(Language of the case to be determined pursuant to Article 131(2)
                                                                                                             Article 8(1)(b) of Regulation
of the Rules of Procedure — language in which the application was
                                                                                                             (EC) No 40/94;
                        submitted: German)
                                                                                                       —     Incorrect assessment of the
                                                                                                             similarity of the marks.
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 3 March 2003 by Mast-Jägermeister AG, Wolfenbüttel
(Germany), represented by Chr. Drzymalla, lawyer. Licorera
Zacapaneca S.A., Zacapa (Guatemala) was also a party to the
proceedings before the Board of Appeal.
The applicant claims that the Court should:                              Action brought on 3 March 2003 by Mast-Jägermeister
                                                                         AG against the Office for Harmonisation in the Internal
—     annul the decision of the First Board of Appeal of the                           Market (Trade Marks and Designs)
      Office for Harmonisation in the Internal Market (Trade
      Marks and Designs) of 19 December 2002 (Case R 412/
      2002-1);                                                                                     (Case T-82/03)
—     order the defendant to pay the costs.
                                                                                                  (2003/C 112/72)
                                                                         (Language of the case to be determined pursuant to Article 131(2)
Pleas in law and main arguments
                                                                         of the Rules of Procedure — language in which the application was
                                                                                                 submitted: German)
Applicant for Com-             Licorera Zacapaneca S.A.
munity trade mark:
Community trade mark           Figurative mark ‘VENADO’ —
sought:                        Application No 986455 lodged in           An action against the Office for Harmonisation in the
                               respect of goods in Classes 32 and        Internal Market (Trade Marks and Designs) was brought before
                               33 (inter alia mineral and aerated        the Court of First Instance of the European Communities
                               waters and other non-alcoholic            on 3 March 2003 by Mast-Jägermeister AG, Wolfenbüttel
                               drinks, rum, rum-based liqueurs,          (Germany), represented by Chr. Drzymalla, lawyer. Licorera
                               brandy)                                   Zacapaneca S.A., Zacapa (Guatemala) was also a party to the
                                                                         proceedings before the Board of Appeal.
Proprietor of mark or          The applicant
sign cited in the oppo-
sition proceedings:
                                                                         The applicant claims that the Court should:
Mark or sign cited in          Figurative mark consisting of a
opposition:                    stag’s head with a cross, registered      —     annul the decision of the First Board of Appeal of the
                               in respect of goods in Classes 18,              Office for Harmonisation in the Internal Market (Trade
                               25, 32 and 33 (inter alia                       Marks and Designs) of 19 December 2002 (Case R 382/
                               umbrellas,      clothing,      non-             2002-1);
                               alcoholic beverages in so far as
                               included in Class 32, wines and
                               spirits) — Trade mark No 337337           —     order the defendant to pay the costs.