Notice for the OJ
Action brought on 24 December 2001 by MFE Marienfelde GmbH, Unternehmen für Ernährung, against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case T-334/01)
Language of the case:
to be determined pursuant to Article 131(2)
of the Rules of Procedure (
Language in which the application has been drafted: German
An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 24 December 2001 by MFE Marienfelde GmbH, Unternehmen für Ernährung, of Hamburg (Germany), represented by Sabine Rojahn and Stefan Freytag, lawyers.
A further party to the proceedings before the Board of Appeal was Chassot AG of Belp (Switzerland).
The applicant claims that the Court should:
(annul the decision adopted on 26 September 2001 by the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and opposition decision No 601/2000 of 28 March 2000;
(order the defendant to pay all the costs.
Pleas in law and main arguments:
Applicant for the
Community trade mark:Chassot AG
The Community trade mark
applied for:the verbal mark "HIPOVITON" for goods in Class 31 (feedingstuffs)
Proprietor of the trade-mark
right opposed in the opposition
proceedings:the applicant
Trade-mark right opposed:the German verbal mark "HIPPOVIT" for goods in Class 31 (feedingstuffs)
Decision of the Opposition
Division:rejection of the opposition
Decision of the Board of Appeal:rejection of the applicant's appeal
Grounds of claim:(infringement of Articles 8 and 15 of Regulation (EC) No 40/94
1;
(misinterpretation of Article 15 of the regulation;
(violation of the right to a fair hearing;
(infringement of the first and second sentences of Article 74(1) of the regulation;
(infringement of Article 73 of the regulation.
____________1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).