Notice for the OJ

 

Action brought on 11 June 2002 by El Corte Inglés, S.A. against the Office for Harmonisation in the Internal Market

    (Case T-183/02)

    Language of the case: Spanish

An action against the Office for Harmonisation in the Internal Market was brought before the Court of First Instance of the European Communities on 11 June 2002 by El Corte Inglés, S.A. of Madrid, represented by Juan Luis Rivas Zurdo.

The applicant claims that the Court should:

(annul the decision of 22.3.02 of OHIM's First Board of Appeal and the decision of 17.9.99 of OHIM's opposition division;

(allow registration of Community Trade Mark No 557108 "MUNDICOR" to proceed for all goods claimed in Class 2;

(order the opponent(s) to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade

mark:The applicant.

Community trade mark applied for:Word mark MUNDICOR (application published in Community Trade Mark Bulletin No 27/98, p. 600, 14 April 1998) for goods in the 42 classes of the nomenclature.

Owner of the mark or sign

relied on in the opposition

proceedings:González Cabello S.A.

Mark or sign opposed:Spanish mark MUNDICOLOR for goods in class 2 (colours, varnishes, lacquers, preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists).

Decision of the opposition division:Application allowed.

Decision of the Board of Appeal:Dismissal of the appeal brought by El Corte Inglés S.A.

Pleas in law relied on:Misapplication of Article 8(1)(b) of Regulation (EC) No 40/94 (likelihood of confusion).

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