Notice for the OJ

 

Action brought on 2 September 2002 by Pepsico Inc. against Office for Harmonization in the Internal Market (trade marks and designs) (OHIM)

    (Case T-269/02)

    (Language of the case: Spanish)

An action against Office for Harmonization in the Internal Market (trade marks and designs) (OHIM) was brought before the Court of First Instance of the European Communities on 2 September 2002 by Pepsico Inc., whose registered office is in New York (United States of America), represented by Enrique Armijo Chávarri.

The applicant claims that the Court should:

(annul decision No 114/2000-1 of the OHIM of 10 June 2002;

(order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark:The applicantThe Community trade mark concerned:Word mark "RUFFLES" - Application No 000096875, for goods in Classes 29 and 30 (food and condiments)Proprietor of the right to the trade mark or sign asserted by way of opposition in the opposition proceedings:Convent Knabber-Gebäck GmbH.Trade mark or sign asserted by way of opposition in the opposition proceedings:German mark "RIFFELS" registered for goods in Class 29 (potato chips)Decision of the Opposition Division:Application upheld as regards "dried vegetables" (Class 29) and "fine pastry and confectionery" (Class 30). Application dismissed as regards "cereal preparations" (Class 30).Decision of the Board of Appeal:Appeal dismissed.Grounds of claim:Breach of the principles that the rights of the defence are to be observed and that reasons must be provided, in accordance with Articles 73 and 74 of Regulation No 40/94, and of co-existence and comparability between Community trade marks and national trade marks

____________