# C_2004094EN.01004501.xml

| 17.4.2004 | EN | Official Journal of the European Union | C 94/45 |
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17.4.2004

EN

Official Journal of the European Union

C 94/45

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Action brought on 21 January 2004 by Reemark Gesellschaft für Markenkooperation mbH, against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-22/04)

(2004/C 94/127)

Language of the case: to be determined pursuant to article 131(2) of the Rules of Procedure language in which the case was submitted: 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 21 January 2004 by Reemark Gesellschaft für Markenkooperation mbH, Hamburg, Germany, represented by Ms P. Koch Moreno, lawyer.

Bluenet Limited was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

| — | declare non-conformity with section 8.1.b) of the EC Regulation 40/94 concerning the Community trade mark of the Decision of 17 November 2003 issued by the Second Appeals Chamber of the OHIM by which the appeal lodged by Bluenet Limited against Decision No 106/2002 of 25 January 2002 was upheld, with the consequent dismissal of the opposition proceeding B 279 358 brought against the community trade mark application No 1 169 085, Westlife, in classes 9, 16, 25 and 41; |
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declare non-conformity with section 8.1.b) of the EC Regulation 40/94 concerning the Community trade mark of the Decision of 17 November 2003 issued by the Second Appeals Chamber of the OHIM by which the appeal lodged by Bluenet Limited against Decision No 106/2002 of 25 January 2002 was upheld, with the consequent dismissal of the opposition proceeding B 279 358 brought against the community trade mark application No 1 169 085, Westlife, in classes 9, 16, 25 and 41;

| — | declare the confusing nature of Community trade mark application number 1,169,085, Westlife, classes 9, 16, 25 and 41 with German trade mark No 397 43 603, West, that protects identical products and services of the same classes, 9, 16, 25 and 41; |
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declare the confusing nature of Community trade mark application number 1,169,085, Westlife, classes 9, 16, 25 and 41 with German trade mark No 397 43 603, West, that protects identical products and services of the same classes, 9, 16, 25 and 41;

| — | instruct payment of the costs of the proceeding to the defendant party. |
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instruct payment of the costs of the proceeding to the defendant party.

Pleas in law and main arguments:

| Applicant for the Community trade mark: | Bluenet Ltd. |
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| The Community trade mark sought: | The word mark ‘Westlife’ for goods and services in classes 9, 16, 25 and 41 (Sound storage media, image storage media and data storage media; printed matter; clothing; entertainment services provided by a musical band,...) (Application No 1169085) |
| Proprietor of mark or sign cited in the | Reemark Gesellschaft für Markenkooperation mbH |
| Mark or sign cited in opposition: | The international and national word mark ‘West’ for goods and services in classes 1 to 13, 15 to 31 and 35 to 41 (apparatus for recording; printed matter; clothing; education and entertainment;...) |
| Decision of the Opposition Division: | Rejection of the application for registration of the word mark ‘Westlife’ for the contested goods and services |
| Decision of the Board of Appeal: | Annulment of the contested decision insofar as it upheld the opposition of Reemark Gesellschaft für Markenkooperation mbH |
| Pleas in law: | Violation of Article 8 (1) (b) of Council Regulation (EC) No 40/94 (1) |

Applicant for the Community trade mark:

Bluenet Ltd.

The Community trade mark sought:

The word mark ‘Westlife’ for goods and services in classes 9, 16, 25 and 41 (Sound storage media, image storage media and data storage media; printed matter; clothing; entertainment services provided by a musical band,...) (Application No 1169085)

Proprietor of mark or sign cited in the

Reemark Gesellschaft für Markenkooperation mbH

Mark or sign cited in opposition:

The international and national word mark ‘West’ for goods and services in classes 1 to 13, 15 to 31 and 35 to 41 (apparatus for recording; printed matter; clothing; education and entertainment;...)

Decision of the Opposition Division:

Rejection of the application for registration of the word mark ‘Westlife’ for the contested goods and services

Decision of the Board of Appeal:

Annulment of the contested decision insofar as it upheld the opposition of Reemark Gesellschaft für Markenkooperation mbH

Pleas in law:

Violation of Article 8 (1) (b) of Council Regulation (EC) No 40/94 (1)

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(1)   Regolamento (CE) del Consiglio 20 dicembre 1993, n. 40/94, sul marchio comunitario (GU L 11, pag. 1).

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