CELEX: C2003/275/78
Language: en
Date: 2003-11-15 00:00:00
Title: Case T-303/03: Action brought on 4 September 2003 by Lidl Stiftung & Co. KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

C 275/46               EN                        Official Journal of the European Union                                       15.11.2003
Action brought on 29 August 2003 by Canali Ireland                       Decision of the Board of      Annulent of the Decision of the
Limited against the Office for Harmonisation in the                      Appeal:                       Opposition Division and rejection
                         Internal Market                                                               of the opposition
                                                                         Pleas in Law:                 Incorrect       application      of
                         (Case T-301/03)
                                                                                                       Article 8(1)(b) of Regulation (EC)
                                                                                                       No 40/94 (risk of confusion).
                         (2003/C 275/77)
(Language of the case to be determined pursuant to Article 131(2)
of the Rules of Procedure — language in which the application was
                        submitted: English)
                                                                         Action brought on 4 September 2003 by Lidl Stiftung &
An action against the Office for Harmonisation in the Internal           Co. KG against the Office for Harmonisation in the
Market was brought before the Court of First Instance of the                 Internal Market (Trade Marks and Designs) (OHIM)
European Communities on 29 August 2003 by Canali Ireland
Limited, Dublin, (Ireland), represented by C. Gielen and O.                                       (Case T-303/03)
Schmutzer, lawyers. Canali S.p.A. was also a party to the
proceedings before the Board of Appeal.
                                                                                                  (2003/C 275/78)
The applicant claims that the Court should:
                                                                         (Language of the case to be determined pursuant to Article 131(2)
                                                                         of the Rules of Procedure — language in which the application was
—     annul the decision of the Second Board of Appeal of
                                                                                                 submitted: German)
      17 June 2003;
—     declare that the opposition filed against the application
      by the applicant for the mark CANAL JEAN CO succeeds
      and to refuse the application for this mark in its entirety        An action against the Office for Harmonisation in the Internal
      and/or to give any order that the Court deems fit;                 Market (Trade Marks and Designs) (OHIM) was brought before
                                                                         the Court of First Instance of the European Communities on
                                                                         4 September 2003 by Lidl Stiftung & Co. KG, Neckarsulm
—     order for payment of all cost of the proceedings against           (Germany), represented by P. Groß, lawyer. REWE-Zentral AG,
      the applicant.                                                     Cologne (Germany), was also a party to the proceedings before
                                                                         the Board of Appeal.
Pleas in law and main arguments                                          The applicant claims that the Court should:
Applicant for Com-            Canal Jean Co., Inc.                       —     declare void and annul the decision of 30 June 2003 of
munity trade mark:                                                             the First Board of Appeal of the Office for Harmonisation
                                                                               in the Internal Market (Trade Marks and Designs) on the
Community trade mark          Figurative trade mark ‘CANAL —                   appeal in Case R 408/2002-1 concerning registration of
sought:                       JEAN          CO.’     Application               the Community trade mark ‘Salvita’ under Application
                              No 425363, relating to goods                     No 609339;
                              in Class 25 (Articles of clothing,
                              footwear, head gear).                      —     order the defendant to reimburse the applicant the costs
                                                                               of these proceedings.
Proprietor of mark or         The applicant
sign cited in the oppo-
sition proceedings:
                                                                         Pleas in law and main arguments
Mark or sign cited in         Italian trade mark registration
opposition:                   No 513948 for the word mark
                              ‘CANALI’ for goods and services            Applicant for Com-            REWE-Zentral AG
                              in Classes 3, 6, 9, 14, 16, 18, 20,        munity trade mark:
                              25, 34 and 42
                                                                         Community trade mark          The word mark ‘Salvita’ for goods
Decision of the Oppo-         Admission of the opposition                sought:                       in Classes 5, 29, 30 and 32 —
sition Division:                                                                                       Application No 609339
 ---pagebreak--- 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.