Notice for the OJ

 

Action brought on 17 December 2001 by M+M Gesellschaft für Unternehmensberatung und Informationssyteme mbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    (Case T-317/01)

    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 17 December 2001 by M+M Gesellschaft für Unternehmensberatung und Informationssyteme mbH, of Frankfurt am Main (Germany), represented by M. Treis, lawyer.

A further party to the proceedings before the Board of Appeal was Mediametrie S.A., of Levallois Perret (France).

The applicant claims that the Court should:

(annul the decision adopted on 2 October 2001 by the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in Case No R 698/2000-1;

(order the Office to pay the applicant's costs.

Pleas in law and main arguments:

Applicant for the

Community trade mark:the applicant

The Community trade mark

applied for:the verbal mark "M+M EURODATA" for goods and services in Classes 9, 16, 35, 41 and 42 (inter alia software, market research and seminars)

Proprietor of the trade-mark

right opposed in the opposition

proceedings:Mediametrie S.A.

Trade-mark right opposed:the Irish, French and international (effective in respect of Benelux, Spain, Italy and Portugal) verbal mark "EURODATA TV"

Decision of the Opposition

Division:rejection of the opposition

Decision of the Board of Appeal:rescission of the decision of the Opposition Division and referral of the case back to the Opposition Division as regards the goods and services not covered by the decision of the Board of Appeal.

Grounds of claim:(infringement of Article 8(1)(b) of Regulation (EC) No 40/94¹;

(no risk of confusion;

(no similarity between the allegedly conflicting services.

____________

¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).