Notice for the OJ
Action brought on 14 January 2002 by Zapf Creation AG against the Office for Harmonisation in the Internal Market
(Case T-8/02)
Language of the case: English
An action against the Office for Harmonisation in the Internal Market was brought before the Court of First Instance of the European Communities on 14 January 2002 by Zapf Creation AG, represented by Mr Axel Kockläuner of Meissner Bolte & Partner, Munich (Germany).
The applicant claims that the Court should:
- annul the decision of the First Board of Appeal of 29 October 2001 in case R 418/2001-1 relating to Opposition Proceedings no. B 97230 and Community trade mark application no. 50229 "Colette Zapf Creation Kombi Collection"
Pleas in law and main arguments:
Applicant for the Community trade mark:Zapf Creation AG
The Community trade mark concerned:The figurative mark "Colette Zapf Creation Kombi Collection" for certain goods in class 28
Proprietor of the right to the trade mark
or sign asserted by way of opposition in the
opposition proceedings:Jesmar S.A.
Trade mark or sign asserted by way of
opposition in the opposition proceedings:The Spanish word mark "Colette" for certain goods in class 28
Decision of the Opposition Division:Rejection of the opposition by Jesmar S.A.
Decision of the Board of Appeal:Admission of the appeal lodged by Jesmar S.A.
Grounds of claim:Violation of Article 43, Section 2 of Regulation 40/94
1 since there was no satisfactory proof of the genuine use of the opposing trademark and violation of Article 8, Section 1 b) of Regulation 40/94 since there is no danger of confusion.