Keywords

Keywords

In Case T-6/01,

Matratzen Concord GmbH, formerly Matratzen Concord AG, established in Cologne (Germany), represented by W.-W. Wodrich, avocat,

applicant,

v

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by A. von Mühlendahl, G. Schneider and E. Joly, acting as Agents,

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:

Hukla Germany SA, established in Castellbispal (Spain),

ACTION brought against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 31 October 2000 (Joined Cases R 728/1999-2 and R 792/1999-2), relating to opposition proceedings between Hukla Germany SA and Matratzen Concord GmbH,

THE COURT OF FIRST INSTANCE

OF THE EUROPEAN COMMUNITIES (Fourth Chamber),

composed of: M. Vilaras, President, V. Tiili and P. Mengozzi, Judges,

Registrar: D. Christensen, Administrator,

having regard to the written procedure and further to the hearing on 16 May 2002,

gives the following

JudgmentA