(Community trade mark - LITE - Observance of the rights of defence - Immaterial plea - Absolute ground for refusal - Article 7(1)(b) of Regulation (EC) No 40/94)
composed of: P. Mengozzi, President, V. Tiili and R.M. Moura Ramos, Judges,
Registrar: D. Christensen, Administrator,
having regard to the application lodged at the Registry of the Court on 4 April 2000,
having regard to the response lodged at the Registry of the Court on 27 June 2000,
The goods and services in respect of which registration was sought are in Classes 5, 29, 30, 32, 33 and 42 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended, and correspond, for each of those classes, to the following description: Class 5: Dietetic foodstuffs and foodstuff preparations, dietetic auxiliary agents for healthcare, in particular vitamins, minerals and nutritive food supplements; food for babies;
Class 29: Meat, fish, poultry, game and shellfish, including preparations of the aforesaid goods; sausage, meat, poultry and fish products, caviar; salads of meat, fish, poultry and game; meat, poultry, game and fish pastes, meat extracts; fruit, vegetables and pulses (processed); fruit and vegetable pulp; delicatessen salads of vegetables or leaf salads; potato products of all types, namely chips, croquettes, baking potatoes, prepared potatoes, potato fritters, potato dumplings, fried potato cake (rösti), potato waffles, crisps, sticks; semi-prepared and ready-to-serve meals, namely soups (including instant packet soups), stews, dry and liquid ready-to-serve meals, mainly of one or more of the following goods, meat, fish, vegetables, prepared fruits, cheese, pasta, rice; meat, fruit and vegetable jellies, jams, fruit sauces; eggs, milk and milk products, namely drinking milk, sour milk, butter milk, yoghurt, fruit yoghurt, yoghurt with chocolate or cocoa additives, non-alcoholic mixed milk drinks, chocolate drinks, kefir, cream, quark, fruit and herbal quark desserts, desserts, mainly of milk and flavourings with gelatine and/or starch being binding agents, butter, clarified butter, cheese and cheese preparations; fruit fools; edible oils and fats; savoury biscuits, corn crisps, salted and unsalted nuts and other snacks, included in Class 29; all the aforesaid goods (where possible) also frozen or preserved, sterilised or homogenised;
Class 30: Pizzas; sauces, fruit sauces, salad dressings, ketchup, horseradish, capers; coffee, tea, cocoa; chocolate, chocolate goods, cocoa-based powders for making beverages; marzipan, nougat, marzipan and nougat products; spreads, principally containing sugar, cocoa, nougat, milk and/or fats; pralines, including filled pralines; sugar, sugar products, sweets, in particular boiled, peppermint, fruit sweets and chews, lollipops, chewing gum not for medical purposes; rice, tapioca, artificial coffee; flour and cereal products, kernel cereals, namely rice, wheat, oats, barley, rye, millet, maize and buckwheat, the aforementioned goods also in the form of mixtures and other preparations, in particular wheat bran, wheat germ, maize meal, maize semolina, linseeds, muesli and muesli bars (mainly of cereal flakes, dried fruit, nuts), cereals, popcorn; bread, bread rolls, pastry and confectionery; pasta and wholemeal pasta, in particular noodles; ices, ice cream; honey, treacle; yeast, baking-powder; salt; mustard; vinegar; spices, mixed spices, pepper corns; savoury biscuits, cereal crisps, salted and unsalted nuts and other snacks, included in Class 30; all the aforesaid goods (where possible) also frozen or preserved, sterilised or homogenised;
Class 32: Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; vegetable juices, syrups and other preparations for making beverages; whey drinks; instant powdered drinks;
Class 33: Alcoholic beverages, in particular wine, sparkling wine, spirits, liqueurs;
Class 42: Providing of food and drink and temporary accommodation.