Notice for the OJ
Action brought on 12 November 2001 by Mühlens GmbH & Co. KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case T-284/01)
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 12 November 2001 by Mühlens GmbH & Co. KG, of Cologne (Germany), represented by T. Schulte-Beckhausen, lawyer.
A further party to the proceedings before the Board of Appeal was the Hearst Corporation, New York (USA).
The applicant claims that the Court should:
(annul the decision adopted on 26 July 2001 by the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Case No: R 552/2000-4) and reject the opposition filed by the opponent.
Pleas in law and main arguments:
Applicant for the Community
trade mark:the applicant
The trade mark applied for:the verbal mark "COSMOPOLITAN COSMETICS" ( Application No 251397 for goods in Class 3 (including perfumes and cosmetics)
Proprietor of the trade-mark
right opposed in the opposition
proceedings:The Hearst Corporation
Trade-mark right opposed:the French verbal mark "COSMOPOLITAN", registered for goods in Class 16 (including paper)
Decision of the Opposition
Division:refusal of the application
Decision of the Board of Appeal:rejection of the applicant's appeal
Grounds of claim:misinterpretation of Article 8(5) of Regulation (EC) No 40/94
1 ( no similarity ( the mark opposed does not have a reputation within the meaning of Article 8(5)