CELEX: C2003/275/79
Language: en
Date: 2003-11-15 00:00:00
Title: Case T-305/03: Action brought on 8 September 2003 by OpusDent GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

15.11.2003             EN                         Official Journal of the European Union                                           C 275/47
Proprietor of mark or         The applicant in this case                  Pleas in law and main arguments
sign cited in the oppo-
sition proceedings:
                                                                          Applicant for Com-            The applicant in this case
Mark or sign cited in         The German word mark ‘SOLEVI-               munity trade mark:
opposition:                   TA’ for goods in Class 32
                                                                          Community trade mark          The word/figurative mark ‘Opus-
Decision of the Oppo-         Rejection of the opposition                 sought:                       Dent’ for goods and services in
sition Division:                                                                                        Classes 9, 10 and 42 (inter alia,
                                                                                                        lasers, not for medical purposes;
Decision of the Board of      Dismissal of the applicant’s appeal                                       medical, dental and aesthetic
Appeal:                                                                                                 lasers; medical and dental treat-
                                                                                                        ment)         —         Application
Pleas in law:                 The applicant has submitted                                               No 1331230
                              adequate evidence of genuine use
                              of the opposing mark;                       Proprietor of mark or         Dornier Medizintechnik GmbH
                                                                          sign cited in the oppo-
                              —     Infringement of the maxim             sition proceedings:
                                    of party disposition laid
                                    down in the second sentence
                                    of Article 74(1) of Regu-             Mark or sign cited in         The Community trade mark
                                    lation 40/94;                         opposition:                   ‘Opus’ for goods in Class 10 (inter
                                                                                                        alia, medical tables for examin-
                              —     Failure to respect the right to                                     ations and treatment, X-ray appar-
                                    be heard.                                                           atus and X-ray work stations)
                                                                          Decision of the Oppo-         The opposition was upheld in
                                                                          sition Division:              respect of the goods ‘medical, den-
                                                                                                        tal and aesthetic lasers’ and reject-
                                                                                                        ed in respect of the remaining
                                                                                                        goods and services
Action brought on 8 September 2003 by OpusDent                            Decision of the Board of      Dismissal of the appeal
GmbH against the Office for Harmonisation in the                          Appeal:
    Internal Market (Trade Marks and Designs) (OHIM)
                                                                          Pleas in law:                 No likelihood of confusion
                         (Case T-305/03)
                         (2003/C 275/79)
(Language of the case to be determined pursuant to Article 131(2)
of the Rules of Procedure — language in which the application was
                        submitted: German)
                                                                          Action brought on 8 September 2003 by Manel Camós
                                                                           Grau against Commission of the European Communities
An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before                                        (Case T-309/03)
the Court of First Instance of the European Communities on
8 September 2003 by OpusDent GmbH, Freising (Germany),
represented by P. Munzinger, lawyer. Dornier Medizintechnik                                       (2003/C 275/80)
GmbH, Weßling (Germany), was also a party to the proceed-
ings before the Board of Appeal.
                                                                                            (Language of the case: French)
The applicant claims that the Court should:
—     annul the decision of 23 June 2003 of the Second Board              An action against the Commission of the European Communi-
      of Appeal of the defendant in Case R 579/2002-2;                    ties was brought before the Court of First Instance of the
                                                                          European Communities on 8 September 2003 by Manel Grau,
—     order the defendant to pay the costs of the proceedings.            residing in Brussels, represented by M.-A. Lucas, lawyer.