CELEX: C2003/019/57
Language: en
Date: 2003-01-25 00:00:00
Title: Judgment of the Court of First Instance of 23 October 2002 in Case T-6/01: Matratzen Concord GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition — Relative grounds for refusal — Similarity between two trade marks — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 — Application for a figurative Community trade mark containing the word "Matratzen" — Earlier word trade mark MATRATZEN)

25.1.2003                EN                      Official Journal of the European Communities                                        C 19/31
the Board of Appeal of the Office for Harmonisation in                      Office for Harmonisation in the Internal Market (Trade Marks
the Internal Market (Trade Marks and Designs) being ELS                     and Designs) of 31 October 2000 (Joined Cases R 728/1999-
Educational Services, Inc., established in Culver City, California          2 and R 792/1999-2), relating to opposition proceedings
(United States): Action brought against the decision of the                 between Hukla Germany SA and Matratzen Concord GmbH,
Third Board of Appeal of the Office for Harmonisation in the                the Court of First Instance (Fourth Chamber), composed
Internal Market (Trade Marks and Designs) of 18 October                     of: M. Vilaras, President, V. Tiili and P. Mengozzi, Judges;
2000 (Case R 074/2000-3), the Court of First Instance (Fourth               D. Christensen, Administrator, for the Registrar, has given a
Chamber), composed of: M. Vilaras, President, V. Tiili and                  judgment on 23 October 2002, in which it:
P. Mengozzi, Judges; D. Christensen, Administrator, for the
Registrar, has given a judgment on 23 October 2002, in which
it:                                                                         1.     Dismisses the application;
1.     Annuls the decision of the Third Board of Appeal of the Office       2.     Orders the applicant to pay the costs.
       for Harmonisation in the Internal Market (Trade Marks and
       Designs) (OHIM) of 18 October 2000 (Case R 074/2000-
       3) in so far as it relates to the analysis of the likelihood of
                                                                            (1 ) OJ C 108 of 7.4.2001.
       confusion between the conflicting marks;
2.     For the rest, dismisses the application;
3.     Orders the defendant to bear its own costs and pay two thirds
       of the costs incurred by the applicant. The applicant shall bear
       one third of its own costs.
( 1) OJ C 79 of 10.3.2001.
                                                                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                  of 20 November 2002
                                                                            in Joined Cases T-79/01 and T-86/01: Robert Bosch GmbH
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                v Office for Harmonisation in the Internal Market (Trade
                                                                                             Marks and Designs) (OHIM) (1)
                         of 23 October 2002
                                                                            (Community trade mark — Kit Pro and Kit Super Pro —
in Case T-6/01: Matratzen Concord GmbH v Office for                         Absolute grounds for refusal — Article 7(1)(b) of Regulation
Harmonisation in the Internal Market (Trade Marks and                                                  (EC) No 40/94)
                         Designs) (OHIM) ( 1)
                                                                                                       (2003/C 19/58)
(Community trade mark — Opposition — Relative grounds
for refusal — Similarity between two trade marks —
Likelihood of confusion — Article 8(1)(b) of Regulation                                        (Language of the case: German)
(EC) No 40/94 — Application for a figurative Community
trade mark containing the word ‘Matratzen’ — Earlier word
                     trade mark MATRATZEN)
                            (2003/C 19/57)                                  In Joined Cases T-79/01 and T-86/01, Robert Bosch GmbH,
                                                                            established in Stuttgart (Germany), represented by S. Völker,
                                                                            lawyer, with an address for service in Luxembourg, v Com-
                     (Language of the case: German)                         mission of the European Communities (Agent: G. Schneider):
                                                                            Actions brought against two decisions of the First Board of
                                                                            Appeal of the Office for Harmonisation in the Internal Market
                                                                            (Trade Marks and Designs) of 31 January 2001 (Cases R 124/
In Case T-6/01, Matratzen Concord GmbH, formerly Matratzen                  2000-1 and R 123/2000-1) on the registration of Kit Pro and
Concord AG, established in Cologne (Germany), represented                   Kit Super Pro respectively as Community trade marks, the
by W.-W. Wodrich, avocat, v Office for Harmonisation in the                 Court of First Instance (Fourth Chamber), composed of:
Internal Market (Trade Marks and Designs) (OHIM) (Agents:                   M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; D. Chris-
A. von Mühlendahl, G. Schneider and E. Joly): Action brought                tensen, Administrator, for the Registrar, has given a judgment
against the decision of the Second Board of Appeal of the                   on 20 November 2002, in which it: