JUDGMENT OF THE COURT OF FIRST INSTANCE (Second Chamber)
30 June 2004 (1)
(Community trade mark - Opposition proceedings - Application for verbal mark -�M+M EUROdATA-� - Earlier verbal mark EURODATA TV - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)
In Case T-317/01, M+M Gesellschaft für Unternehmensberatung und Informationssysteme mbH, established in Frankfurt am Main (Germany), represented by M. Treis, lawyer,applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by S. Laitinen and U. Pfleghar, acting as Agents,defendant,
defendant,the other party to the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) being the other party to the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) being Mediametrie SA, established in Paris (France), represented originally by D. Dupuis-Latour and then by S. Szilvasi, lawyers,intervener,
action brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 October 2001 in Case R 698/2000-1 concerning opposition proceedings between Mediametrie SA and M+M Gesellschaft für Unternehmensberatung und Informationssysteme mbH,THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES (Second Chamber),
having regard to the written procedure and further to the hearing of 16 December 2003,
gives the following
- -�computer software-�, falling within Class 9; - -�publications and periodicals dealing with research in the food business-�, falling within Class 16; - -�market research, market analysis and trade research, services offering advice to businesses in the sphere of marketing and distribution-�, falling within Class 35; - -�seminars and other kinds of continuing training in marketing and distribution-�, falling within Class 41; - -�data-bank services-�, falling within Class 42.
- Irish registration No 201 060 of 1 July 1996; - French registration No 92 414 002 of 7 April 1992; - international registration No 591 515 of 25 September 1992, with effect in Benelux, Spain, Italy and Portugal.
- annul the contested decision; - order the Office to pay the applicant-�s costs.
- dismiss the action; - order the applicant to pay the costs.
- uphold the contested decision; - dismiss the action in its entirety; - order the applicant to pay the intervener-�s costs.
Findings of the Court
The relevant public
The services at issue
- The services covered by the application for a trade mark which fall within Class 35
- The services covered by the application for a trade mark which fall within Class 41
The signs at issue
The likelihood of confusion
On those grounds,
THE COURT OF FIRST INSTANCE (Second Chamber)
hereby: 1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 October 2001 in Case R 698/2000-1, save in so far as it referred the case back to the Opposition Division for the latter to act on the application for a trade mark in respect of the goods and services covered by that application and falling within Classes 9, 16 and 42; 2. Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the applicant-�s costs; Orders the intervener to bear its own costs.
Pirrung |
Meij |
Forwood |
H. Jung |
J. Pirrung |
Registrar |
President |
1 - Language of the case: German.