CELEX: C2002/180/57
Language: en
Date: 2002-07-27 00:00:00
Title: Case T-169/02: Action brought on 30 May 2002 by Cervecería Modelo, S.A. de C.V. against Office for the Harmonization of the Internal Market (trade marks and designs) (OHIM)

27.7.2002               EN                     Official Journal of the European Communities                                      C 180/33
Pleas in law and main arguments                                           The applicant claims that the Court should:
The contested decision introduces an obligation on the                    —     annul the decision of the Third Board of Appeal of the
manufacturers of compound feedingstuffs for production                          OHIM of 6 March 2002;
animals to provide an indication of the precise quantities of all
the raw material used in their products in order to protect
public health by improving the traceability of the ingredients.           —     order the defendant to pay the costs.
According to the applicant, the effect of that measure is to
oblige disclosure of basic know-how and business secrets of
manufacturers of compound feedingstuffs.
In support of its application, the applicant claims breach of
several rights guaranteed by Community law and of objectives              Pleas in law and main arguments
pursued by the Treaty. Furthermore, the contested directive
runs counter to the safeguarding of undistorted competition
and the encouragement of technical research and development.              Applicant for the Com-       The applicant
Moreover, it disregards property rights and the right freely to           munity trade mark:
pursue an economic activity. The applicant claims, finally, that
the directive runs counter to the objective of improving
agricultural products and protecting the environment.                     The Community trade          Community figurative trade mark
                                                                          mark concerned:              No 1.178.425, which depicts a
                                                                                                       bottle of beer bearing the words
The applicant maintains, moreover, that the contested measure                                          ‘NEGRA MODELO’ on the label,
is disproportionate. According to the applicant, the directive                                         for products falling within Class-
is not capable of attaining the objective of protecting public                                         es 25 (clothing), 32 (beer) and 42
health and in any event goes beyond what is necessary to                                               (services related to bars, res-
achieve such an objective. The applicant further claims that                                           taurants and nightclubs)
the directive does not of itself ensure the quality of the
products nor improves the traceability of the ingredients and
that it places a disproportionate burden with regard to                   Proprietor of the right to   MODELO CONTINENTE HIPER-
labelling.                                                                the trade mark or sign       MERCADOS S.A.
                                                                          asserted by way of oppo-
                                                                          sition in the opposition
Finally, the applicant claims that the measure is based on an             proceedings:
erroneous legal basis. In its view, Article 37 of the EC Treaty
should be chosen as the legal basis instead of Article 152 of
the Treaty in view of the fact that the contested directive bears         Trade mark or sign           Portuguese figurative marks
no relationship to veterinary or plant health matters.                    asserted by way of oppo-     No 295.800 and 295.804, which
                                                                          sition in the opposition     distinguish goods in Classes 25
                                                                          proceedings:                 (clothing, including footwear) and
                                                                                                       33 (syrups, beer and non-
                                                                                                       alcoholic beverages) of the inter-
                                                                                                       national classification respectively
Action brought on 30 May 2002 by Cervecerı́a Modelo,                      Decision of the Oppo-        Provisional refusal to register the
S.A. de C.V. against Office for the Harmonization of the
                                                                          sition Division:             Community trade mark in issue
    Internal Market (trade marks and designs) (OHIM)
                                                                                                       to distinguish ‘beer’ and regis-
                                                                                                       tration in respect of ‘clothing’ and
                         (Case T-169/02)                                                               ‘services related to bars, res-
                                                                                                       taurants and nightclubs’
                         (2002/C 180/57)
                                                                          Decision of the Board of     Decision of the Opposition Div-
                   (Language of the case: Spanish)                        Appeal:                      ision upheld
                                                                          Grounds of claim:            Infringement of Article 8(1)(a) of
An action against Office for Harmonization in the Internal                                             Regulation (EC) No 40/94 (likeli-
Market (trade marks and designs) (OHIM) was brought before                                             hood of confusion)
the Court of First Instance of the European Communities on
30 May 2002 by Cervecerı́a Modelo, S.A. de C.V., whose
registered office is in Mexico, D.F., represented by Carlos Lamo
Devesa and Antonio Velázquez Ibáñez.