CELEX: C2002/202/56
Language: en
Date: 2002-08-24 00:00:00
Title: Case T-185/02: Action brought on 13 June 2002 by Succession Picasso against the Office for Harmonisation in the Internal Market

C 202/34               EN                    Official Journal of the European Communities                                     24.8.2002
The applicant claims that the Court should:                             Action brought on 13 June 2002 by Succession Picasso
                                                                        against the Office for Harmonisation in the Internal
—     annul the decisions of 22.3.02 of the OHIM’s First Board                                      Market
      of Appeal in Case 115/2000-1 and 15.11.99 of the
      OHIM’s Opposition Division;                                                               (Case T-185/02)
—     allow registration of Community Trade Mark No 557108
      ‘mundicolor’ to proceed in respect of all services in                                     (2002/C 202/56)
      Class 39 ‘transport services and travel arrangements’
      and Class 42 ‘providing of food and drink; temporary                                (Language of the case: English)
      accommodation’;
—     order the opponent(s) to pay the costs.
                                                                        An action against the Office for Harmonisation in the Internal
                                                                        Market was brought before the Court of First Instance of the
                                                                        European Communities on 13 June 2002 by Succession
Pleas in law and main arguments                                         Picasso, represented by Charles Gielen, lawyer. A further
                                                                        party to the proceedings before the Board of Appeal was
                                                                        DaimlerChrysler AG (Intellectual Property Management).
Applicant for the Com-        The applicant.
munity trade mark:                                                      The applicant claims that the Court should:
Community trade mark          Word mark MUNDICOR (appli-                —     annul the Decision of the Third Board of Appeal of
applied for:                  cation published in Community                   18 March 2002 and of the Opposition Division of
                              Trade Mark Bulletin No 27/98,                   11 January 2001;
                              p. 600 of 14 April 1998) for
                              goods in 42 classes of the                —     declare that the opposition filed by the applicant against
                              nomenclature.                                   the application for registration of the mark PICARO is
                                                                              successful and refuse the application for the mark in its
Owner of the mark or          IBERIA Lı́neas Aéreas de España                entirety and/or make any other order that the Court
sign relied on in the         S.A.                                            deems fit;
opposition proceedings:
                                                                        —     order DaimlerChrysler to pay all costs of the proceedings.
Mark or sign opposed:         Spanish word mark MUNDICO-
                              LOR for goods in Class 39 (pass-
                              enger transport services, excur-
                              sions and tourist promotions) and         Pleas in law and main arguments
                              42 (hotel accommodation ser-
                              vices, travel arrangements and
                              organisation of holidays).
                              Mixed international mark MUNDI            Applicant for the Com-       DaimlerChrysler
                              COLOR, extended to France, Italy,         munity trade mark:
                              Austria and the Benelux countries
                              for ‘travel planning services and         The Community trade          Word mark ‘PICARO’ — Appli-
                              organisation of travel’ in Class 39       mark sought:                 cation No 927764, relating to
                              and ‘services involving hotel                                          goods in Class 12 (vehicles and
                              accommodation and food’ in                                             parts thereof).
                              Class 42.
                                                                        Proprietor of the trade      Succession Picasso.
Decision of the oppo-         Application allowed.                      mark or sign right cited
sition division:                                                        in the opposition pro-
                                                                        ceedings:
Decision of the Board of      Dismissal of the appeal brought
Appeal:                       by El Corte Inglés S.A.                   Trade mark or sign right     The word mark ‘PICASSO’ (Com-
                                                                        cited in the opposition      munity trade mark registration
                                                                        proceedings:                 No 614567).
Grounds relied on:            Misapplication of Article 8(1)(b)
                              of Regulation (EC) No 40/94 (like-
                                                                        Decision of the Oppo-        Decision of the Board of Appeal:
                              lihood of confusion).
                                                                        sition Division:Rejection
                                                                        of the opposition.
                                                                        Dismissal of the appeal.     Grounds of claim:
 ---pagebreak--- 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;