CELEX: C2003/289/55
Language: en
Date: 2003-11-29 00:00:00
Title: Case T-291/03: Action brought on 21 August 2003 by the Consorzio per la Tutela del Formaggio Grana Padano against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

C 289/26                EN                            Official Journal of the European Union                                         29.11.2003
Action brought on 21 August 2003 by the Consorzio per                         Decision of the Oppo-          Refusal of the application for
la Tutela del Formaggio Grana Padano against the Office                       sition Division:               registration.
for Harmonisation in the Internal Market (Trade Marks
                       and Designs) (OHIM)                                    Decision of the Board of       Annulment of the Opposition
                                                                              Appeal:                        Division’s decision and rejection
                                                                                                             of the opposition.
                          (Case T-291/03)
                                                                              Pleas in law:                  —     The term ‘GRANA’ is not
                                                                                                                   generic.
                          (2003/C 289/55)
                                                                                                             —     Breach of Article 13(1)(a),
                                                                                                                   (b), (c) and (d) of Council
                     (Language of the case: Italian)
                                                                                                                   Regulation (EEC) No 2081/
                                                                                                                   92 of 14 July 1992 on the
                                                                                                                   protection of geographical
                                                                                                                   indications and designations
An action against the Office for Harmonisation in the Internal                                                     of origin for agricultural
Market was brought before the Court of First Instance of the                                                       products and foodstuffs (1),
European Communities on 21 August 2003 by the Consorzio                                                            and of the national rules on
per la Tutela del Formaggio Grana Padano, represented by                                                           company designations of
Paolo Perani, Paolo Colombo and Alex Schmitt, lawyers.                                                             origin.
Biraghi S.p.A. was also a party to the proceedings before the
Board of Appeal.                                                                                             —     Likelihood of confusion
                                                                                                                   (Article 8(1)(b) of Regulation
                                                                                                                   No 40/94).
The applicant claims that the Court should:
                                                                              (1) OJ L 208 of 24.7.92, p. 1.
—     annul the registration of the Community trade mark
      No 736.934 GRANA BIRAGHI owned by Biraghi S.p.A.
      in so far as, in particular it is in conflict with the combined
      provisions of Article 142 of Regulation (EEC) No 40/94
      and Article 13(1) of Regulation (EEC) No 2081/92.
                                                                              Action brought on 9 September 2003 by Volkswagen AG
Pleas in law and main arguments                                               against the Office for Harmonisation in the Internal
                                                                                       Market (Trade Marks and Designs) (OHIM)
Applicant for Com-               Biraghi S.p.A.
munity trade mark:                                                                                     (Case T-306/03)
Community trade mark             Word mark ‘GRANA BIRAGHI’                                             (2003/C 289/56)
sought:                          — Application No 736.934 for
                                 products in Class 29: ‘Cheese, in
                                 particular cheese from cows’ milk,                             (Language of the case: German)
                                 mature cheese, hard cheese, whole
                                 cheeses, portions of cheese with
                                 or without rind, packaged cheese
                                 of various sizes, grated and pack-           An action against the Office for Harmonisation in the Internal
                                 aged cheese.’                                Market (Trade Marks and Designs) (OHIM) was brought before
                                                                              the Court of First Instance of the European Communities on
Proprietor of mark or            The applicant Consorzio.                     9 September 2003 by Volkswagen AG, Wolfsburg (Germany),
sign cited in the oppo-                                                       represented by S. Risthaus, lawyer.
sition proceedings:
                                                                              The applicant claims that the Court should:
Mark or sign cited in            Numerous national and inter-
opposition:                      national registrations and appli-
                                 cations to register the trade marks          —     annul the decision of 7 July 2003 of the Second Board
                                 ‘GRANA’ and ‘GRANA PADANO’                         of Appeal of the Office for Harmonisation in the
                                 and trade marks containing those                   Internal Market (Trade Marks and Designs) in Case
                                 terms in combination with figu-                    R 1012/2001-2;
                                 rative elements and words for
                                 products in Class 29.                        —     order the defendant to pay the costs of the proceedings.