CELEX: C2002/109/95
Language: en
Date: 2002-05-04 00:00:00
Title: Case T-8/02: Action brought on 14 January 2002 by Zapf Creation AG against the Office for Harmonisation in the Internal Market

C 109/48              EN                     Official Journal of the European Communities                                       4.5.2002
Action brought on 14 January 2002 by Zapf Creation AG                   Grounds of claim:             Violation of Article 43, Section 2
against the Office for Harmonisation in the Internal                                                  of Regulation 40/94 (1) since there
                             Market                                                                   was no satisfactory proof of the
                                                                                                      genuine use of the opposing
                                                                                                      trademark and violation of
                          (Case T-8/02)                                                               Article 8, Section 1 b) of Regu-
                                                                                                      lation 40/94 since there is no
                                                                                                      danger of confusion.
                        (2002/C 109/95)
                                                                        (1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
                  (Language of the case: English)                           Community trade mark (OJ 11, p. 1).
An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 14 January 2002 by Zapf Creation
AG, represented by Mr Axel Kockläuner of Meissner Bolte &
Partner, Munich (Germany).
                                                                        Action brought on 30 January 2002 by Agrofair Benelux
                                                                        BV, Volta River Estates Limited, SH Pratt & Co (Bananas)
The applicant claims that the Court should:                             Ltd and M W Mack Limited against the Commission of
                                                                                          the European Communities
—     annul the decision of the First Board of Appeal of
      29 October 2001 in case R 418/2001-1 relating to                                            (Case T-14/02)
      Opposition Proceedings no. B 97230 and Community
      trade mark application no. 50229 ‘Colette Zapf Creation
      Kombi Collection’                                                                          (2002/C 109/96)
                                                                                           (Language of the case: English)
Pleas in law and main arguments
Applicant for the Com-        Zapf Creation AG                          An action against the Commission of the European Communi-
munity trade mark:                                                      ties was brought before the Court of First Instance of the
                                                                        European Communities on 30 January 2002 by Agrofair
                                                                        Benelux BV, Volta River Estates Limited, SH Pratt & Co
The Community trade           The figurative mark ‘Colette Zapf         (Bananas) Ltd and M W Mack Limited, represented by Mr Phil-
mark concerned:               Creation Kombi Collection’ for            ippe Vlaemminck and Mr Pieter De Wael of Vlaemminck &
                              certain goods in class 28                 Partners, Ghent (Belgium).
Proprietor of the right to    Jesmar S.A.
the trade mark or sign
asserted by way of oppo-                                                The applicant claims that the Court should:
sition in the opposition
proceedings:                                                            —    annul Article 1, third indent and Article 2(4) of Com-
                                                                             mission Regulation (EC) No 2294/2001 of 26 November
Trade mark or sign            The Spanish word mark ‘Colette’                2001 fixing certain indicative quantities and individual
asserted by way of oppo-      for certain goods in class 28                  ceilings for the issue of licences for imports of bananas
sition in the opposition                                                     into the Community for the first quarter of 2002 under
proceedings:                                                                 the tariff quotas to the extent that the applicants can only
                                                                             import a maximum of 8 % of their annual allocation
Decision of the Oppo-         Rejection of the opposition by                 during the first quarter of 2002;
sition Division:              Jesmar S.A.
                                                                        —    order the Commission to pay the costs of the applicant
Decision of the Board of      Admission of the appeal lodged                 companies in the present proceedings including the costs
Appeal:                       by Jesmar S.A.                                 of the interim proceedings.