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Case T-351/08: Judgment of the General Court of 30 June 2010 — Matratzen Concord v OHIM — Barranco Schnitzler and Barranco Rodriguez (MATRATZEN CONCORD) (Community trade mark — Opposition proceedings — Application for Community figurative mark MATRATZEN CONCORD — Earlier national word mark MATRATZEN — Relative ground for refusal — Evidence of use of the earlier mark — Obligation to state the reasons on which a decision is based — Article 73 of Regulation (EC) No 40/94 (now Article 75 of Regulation (EC) No 207/2009))
ECLI:EU:UNKNOWN:62008TA0351
62008TA0351
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14.8.2010
Official Journal of the European Union
C 221/39
(Case T-351/08) (<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for Community figurative mark MATRATZEN CONCORD - Earlier national word mark MATRATZEN - Relative ground for refusal - Evidence of use of the earlier mark - Obligation to state the reasons on which a decision is based - Article 73 of Regulation (EC) No 40/94 (now Article 75 of Regulation (EC) No 207/2009))
2010/C 221/63
Language of the case: German
Parties
Applicant: Matratzen Concord GmbH (Cologne, Germany) (represented by: J. Albrecht, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: G. Schneider, Agent)
Other parties to the proceedings before the Board of Appeal of OHIM: Pablo Barranco Schnitzler and Mariano Barranco Rodriguez (Sant Just Desvern, Spain)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 30 May 2008 (Case R 1034/2007-2), relating to opposition proceedings between (i) Pablo Barranco Schnitzler and Mariano Barranco Rodriguez and (ii) Matratzen Concord GmbH.
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 May 2008 (Case R 1034/2007-2);
2.Orders OHIM to pay the costs.
(<span class="super">1</span>) OJ C 285, 8.11.2008.