JUDGMENT OF THE COURT OF FIRST INSTANCE (Fourth Chamber)
16 September 2004 (1)
(Community trade mark - Opposition proceedings - Extent of the obligation of examination - Conversion into a national trade-mark application - Article 58 of Regulation (EC) No 40/94)
In Case T-342/02, Metro-Goldwyn-Mayer Lion Corp., established in Santa Monica, California (United States), represented by F. de Visscher, E. Cornu, E. De Gryse and D. Moreau, lawyers,applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by S. Laitinen and D. Botis, acting as Agents,defendant,
the other party to the proceedings before the Board of Appeal of OHIM beingMoser Grupo Media SL, established in Santa Eulalia del Rio (Spain), ACTION brought against the decision of the Third Board of Appeal of OHIM of 5 September 2002 (Case R 437/2001-3) declaring inadmissible the appeal brought against the decision of the Opposition Division relating to opposition proceedings between Moser Grupo Media SL and Metro-Goldwyn-Mayer Lion Corp.,THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES (Fourth Chamber),
gives the following
- -films, exposed; compact discs (audio-video); cinematographic, optical and photographic apparatus and instruments-, in Class 9; - -magazines, photographs, posters, printed matter and printed publications-, in Class 16; - -television and radio broadcasting services-, in Class 38; - -distribution services for all kinds of printed publications, videos and films-, in Class 39; - -film production services; video tape film production; services provided by businesses dedicated to the rental of video tapes and motion pictures; production of radio and television programmes; services provided by movie studios-, in Class 41.
- annul the contested decision; - confirm the decision of the Opposition Division, in so far as it upholds the opposition for all the goods and services covered by the application of Moser Grupo Media SL and refuses the application for registration in its entirety on the basis of the MGM marks registered at national level; - annul in part the decision of the Opposition Division, principally, in so far as it does not take into account the applicant-s application for registration of a Community trade mark and, alternatively, in so far as it does not take into account the earlier national trade marks registered in Austria, Greece and the United Kingdom; - order OHIM to pay the costs.
- dismiss the application; - order the applicant to pay the costs.
Arguments of the parties
Findings of the Court
On those grounds,
THE COURT OF FIRST INSTANCE (Fourth Chamber)
hereby: 1. Dismisses the action; 2. Orders the applicant to pay the costs.
Legal |
Tiili |
Vilaras |
H. Jung |
H. Legal |
Registrar |
President |
1 - Language of the case: English.