Notice for the OJ

 

Action brought on 30 May 2002 by Cervecería Modelo, S.A. de C.V. against Office for the Harmonization of the Internal Market (trade marks and designs) (OHIM)

    (Case T-169/02)

    (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 30 May 2002 by Cervecería Modelo, S.A. de C.V., whose registered office is in Mexico, D.F., represented by Carlos Lamo Devesa and Antonio Velázquez Ibáñez.

The applicant claims that the Court should:

(annul the decision of the Third Board of Appeal of the OHIM of 6 March 2002;

--order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark:The applicantThe Community trade mark concerned:Community figurative trade mark No 1.178.425, which depicts a bottle of beer bearing the words "NEGRA MODELO" on the label, for products falling within Classes 25 (clothing), 32 (beer) and 42 (services related to bars, restaurants and nightclubs)Proprietor of the right to the trade mark or sign asserted by way of opposition in the opposition proceedings:MODELO CONTINENTE HIPERMERCADOS S.A.Trade mark or sign asserted by way of opposition in the opposition proceedings:Portuguese figurative marks No 295.800 and 295.804, which distinguish goods in Classes 25 (clothing, including footwear) and 33 (syrups, beer and non-alcoholic beverages) of the international classification respectivelyDecision of the Opposition Division:Provisional refusal to register the Community trade mark in issue to distinguish "beer" and registration in respect of "clothing" and "services related to bars, restaurants and nightclubs"Decision of the Board of Appeal:Decision of the Opposition Division upheldGrounds of claim:Infringement of Article 8(1)(a) of Regulation (EC) No 40/94 (likelihood of confusion)

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