CELEX: C2002/202/55
Language: en
Date: 2002-08-24 00:00:00
Title: Case T-184/02: Action brought on 11 June 2002 by El Corte Inglés, S.A. against the Office for Harmonisation in the Internal Market

24.8.2002             EN                     Official Journal of the European Communities                                       C 202/33
Grounds of claim:            —     Irregularity of the procedure        Pleas in law and main arguments
                                   in that the appeal was reas-
                                   signed to another Board of
                                   appeal and that the applicant
                                   was not informed of the              Applicant for the Com-        The applicant.
                                   change of name of the                munity trade mark:
                                   opponent.
                                                                        Community trade mark          Word mark MUNDICOR (appli-
                             —     Failure of the Board of              applied for:                  cation published in Community
                                   Appeal to provide reasons                                          Trade Mark Bulletin No 27/98,
                                   for its decision.                                                  p. 600, 14 April 1998) for goods
                                                                                                      in the 42 classes of the nomencla-
                             —     Breach of the concept of                                           ture.
                                   ‘likelihood of confusion’.
                             —     Misuse of rights by the              Owner of the mark or          González Cabello S.A.
                                   opponent in that it has not          sign relied on in the
                                   made any use of the mark             opposition proceedings:
                                   objected to.
                                                                        Mark or sign opposed:         Spanish mark MUNDICOLOR for
                                                                                                      goods in class 2 (colours, varnish-
                                                                                                      es, lacquers, preservatives against
                                                                                                      rust and against deterioration of
                                                                                                      wood; colorants; mordants; raw
                                                                                                      natural resins; metals in foil and
                                                                                                      powder form for painters, decor-
                                                                                                      ators, printers and artists).
                                                                        Decision of the oppo-         Application allowed.
                                                                        sition division:
Action brought on 11 June 2002 by El Corte Inglés, S.A.
against the Office for Harmonisation in the Internal                    Decision of the Board of      Dismissal of the appeal brought
                            Market                                      Appeal:                       by El Corte Inglés S.A.
                                                                        Pleas in law relied on:       Misapplication of Article 8(1)(b)
                       (Case T-183/02)                                                                of Regulation (EC) No 40/94 (like-
                                                                                                      lihood of confusion).
                       (2002/C 202/54)
                 (Language of the case: Spanish)
An action against the Office for Harmonisation in the Internal          Action brought on 11 June 2002 by El Corte Inglés, S.A.
Market was brought before the Court of First Instance of the            against the Office for Harmonisation in the Internal
European Communities on 11 June 2002 by El Corte Inglés,                                            Market
S.A. of Madrid, represented by Juan Luis Rivas Zurdo.
                                                                                                (Case T-184/02)
The applicant claims that the Court should:
                                                                                                (2002/C 202/55)
—    annul the decision of 22.3.02 of OHIM’s First Board of
     Appeal and the decision of 17.9.99 of OHIM’s opposition                              (Language of the case: Spanish)
     division;
—    allow registration of Community Trade Mark No 557108
     ‘MUNDICOR’ to proceed for all goods claimed in Class 2;            An action against the Office for Harmonisation in the Internal
                                                                        Market was brought before the Court of First Instance of the
                                                                        European Communities on 11 June 2002 by El Corte Inglés,
—    order the opponent(s) to pay the costs.                            S.A. of Madrid, represented by Juan Luis Rivas Zurdo.
 ---pagebreak--- 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: