Judgment of the General Court of 30 June 2010 - Matratzen Concord v OHIM - Barranco Schnitzler and Barranco Rodriguez (MATRATZEN CONCORD)
(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 - Obligation to state the reasons on which a decision is based - Article 73 of Regulation (EC) No 40/94 (now Article 75 of Regulation (EC) No 207/2009) )
Language of the case: German
Parties
Applicant: Matratzen Concord GmbH (Cologne, Germany) (represented by: J. Albrecht, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: G. Schneider, Agent)
Other parties to the proceedings before the Board of Appeal of OHIM: Pablo Barranco Schnitzler and Mariano Barranco Rodriguez (Sant Just Desvern, Spain)
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.
Operative part of the judgment
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.
____________1 - OJ C 285, 8.11.2008.