Notice for the OJ

 

Action brought on 15 September 2003 by Volkswagen AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    (Case T-317/03)

Language of the case

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

language in which the application was 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 15 September 2003 by Volkswagen AG, Wolfsburg (Germany), represented by S. Risthaus, lawyer.

Nacional Motor S.A., Martorelles (Spain), was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

(annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 June 2003 in Appeal R 610/2001-4;

(order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments:

Applicant for Community trade mark:Volkswagen AG.Community trade mark applied for:The word mark "VARIANT" for goods and services in Classes 7, 12 and 37 (inter alia, motors and their parts, vehicles and repair).Proprietor of mark or sign cited in the opposition proceedings:Nacional Motor S.A.Mark or sign cited in opposition:The Spanish word marks "DERBIVARIANT", "DERBI VARIANT", and "VARIANTDERBI" for goods in Class 12 (inter alia vehicles).Decision of the Opposition Division:Rejection of the opposition.Decision of the Board of Appeal:Annulment of the decision of the Opposition Division and rejection of the application.Pleas in law:(Infringement of Article 74(1) of Regulation (EC) No 40/94;

(Misapplication of Article 8(1)(b) of Regulation (EC) No 40/94.

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