Notice for the OJ

 

Action brought on 17 April 2003 by Gerolsteiner Brunnen GmbH & Co. against the Office for Harmonisation in the Internal Market

    (Case T-131/03)

Language of the case

to be determined pursuant to Article 131(2) of the Rules of Procedure

- language in which the application was submitted: English

An action against the Office for Harmonisation in the Internal Market was brought before the Court of First Instance of the European Communities on 17 April 2003 by Gerolsteiner Brunnen GmbH & Co., Gerolstein, Germanty, represented by Dr A. Ebert-Weidenfeller, lawyer.

A further party to the proceedings before the Board of Appeal was Kerry Group p.l.c..

The applicant claims that the Court should:

listnum "WP List 1" \l 1annul the decision of the First Board of Appeal of the Office for Harmonization in the International Market (Trade Marks and Designs) of February 13, 2003 (case R275/2002-1) and to order costs against the OHIM

Pleas in law and main arguments:

Applicant for Community trade mark: Kerry Group PLC.

Communty trade mark sought:Figurative mark "KERRY Spring" - Application No 0000443135, , for products in class 32 (spring, mineral and aerated waters and other non-alcoholic drinks, fruit drinks and fruits juices, fruit flavored spring and mineral waters).

Proprietor of mark or sign cited in the

opposition proceedings:The applicant.

Mark or sign cited in opposition:German trademark registration No 1100746 for the word "GERRI"., for products in class 5 and 32.

Decision of the Opposition Division:Refusal of the Opposition.

Decision of the Board of Appeal:Rejection of the Appeal.

Pleas in Law:Infringement of Article 8(1)(b) of Regulation No. 40/94.

____________