Notice for the OJ

 

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)

    (Case T-303/03)

(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)

An action against the Office for Harmonisation in the Internal 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 (Germany), represented by P. Groß, lawyer.

REWE-Zentral AG, Cologne (Germany), was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

(declare void and annul the decision of 30 June 2003 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) on the appeal in Case R 408/2002-1 concerning registration of the Community trade mark "Salvita" under Application No 609339;

(order the defendant to reimburse the applicant the costs of these proceedings.

Pleas in law and main arguments:

Applicant for Community trade mark:REWE-Zentral AGCommunity trade mark sought:The word mark "Salvita" for goods in Classes 5, 29, 30 and 32 ( Application No 609 339Proprietor of mark or sign cited in the opposition proceedings:The applicant in this caseMark or sign cited in opposition:The German word mark "SOLEVITA" for goods in Class 32Decision of the Opposition Division:Rejection of the oppositionDecision of the Board of Appeal:Dismissal of the applicant's appealPleas in law:(The applicant has submitted adequate evidence of genuine use of the opposing mark;

(Infringement of the maxim of party disposition laid down in the second sentence of Article 74(1) of Regulation 40/94

(Failure to respect the right to be heard

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