Judgment of the General Court (Seventh Chamber) of 30 June 2010 – Matratzen Concord v OHIM – Barranco Schnitzler and Barranco Rodriguez (MATRATZEN CONCORD)

(Case T-351/08)

Community trade mark – Opposition proceedings – Application for Community figurative mark MATRATZEN CONCORD – Earlier national word mark MATRATZEN – Relative ground for refusal – Evidence of use of the earlier mark – Duty to state reasons – Article 73 of Regulation (EC) No 40/94 (now Article 75 of Regulation (EC) No 207/2009)

Community trade mark – Procedural provisions – Statement of reasons for decisions – Article 73, first sentence, of Regulation No 40/94 – Scope identical with that of Article 253 EC (Art. 253 EC; Council Regulation No 40/94, Art. 73, first sentence) (see paras 17-18, 23)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 30 May 2008 (Case R 1034/2007‑2), relating to opposition proceedings between (i) Pablo Barranco Schnitzler and Mariano Barranco Rodriguez and (ii) Matratzen Concord GmbH.

Information relating to the case

Applicant for the Community trade mark:	Matratzen Concord GmbH
Community trade mark sought:	Figurative mark MATRATZEN CONCORD for goods in Classes 10, 20 and 24 – Application No 3355369
Proprietor of the mark or sign cited in the opposition proceedings:	Pablo Barranco Schnitzler and Mariano Barranco Rodriguez
Mark or sign cited in opposition:	National word mark MATRATZEN for goods in Class 20
Decision of the Opposition Division:	Refusal of the application for a Community trade mark
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 May 2008 (Case R 1034/2007‑2);

2. Orders OHIM to pay the costs.