Notice for the OJ

 

Action brought on 6 September 2002 by Krüger GmbH & Co KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    (Case T-273/02)

Language of the case

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

( language in which the application was submitted: 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 6 September 2002 by Krüger GmbH & Co KG, Bergisch Gladbach (Germany), represented by S. v. Petersdorff-Campen, lawyer.

Calpis Co Ltd, Tokyo, Japan was an additional party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

(annul the decision of the First Board of Appeal of 25 June 2002, reference No R 484/2000-1;

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

Pleas in law and main arguments

Applicant for Community trade mark:Calpis Co, Ltd (formerly The Calpis Food Industry Co, Ltd)

Community trade mark applied for:Word mark "CALPICO" for goods in Classes 29, 30 and 32 ( application No 225169

Owner of the opposing trade mark

or sign:        The applicant

Opposing trade mark or sign right:German word mark "CALYPSO" for goods in Class 32

Decision of Opposition Division:Rejection of opposition

Decision of Board of Appeal:Dismissal of applicant's appeal

Pleas in law:(Likelihood of confusion between trade marks within the meaning of Article 8(1)(b) of Regulation (EC) No 40/94 ¹;

(Infringement of the principle of the right to a fair hearing.

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