Case T-358/00: Action brought on 24 November 2000 by Daimler Chrysler AG against the Office for Harmonisation in the Internal Market (Trademarks and Designs)
Date: 2001-01-27
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, Germany, action for annulment (EU), motor vehicle industry, trade mark

27.1.2001

EN

Official Journal of the European Communities

C 28/29

The applicant claims that the Court should:

The applicant claims that the Court should:

— annul the decision of the Third Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 12 September 2000 in appeal
No R 477/1999-3;

— Set aside the decision of 12 September 2000 by the Third
Board of Appeal of the Office for Harmonisation in
the Internal Market (Trademarks and Designs) in Case
R 569/1999-3;

— order the Office for Harmonisation in the Internal Market

(Trade Marks and Designs) to pay the costs.

— Order the Office for Harmonisation in the Internal Market
(Trademarks and Designs) to pay the costs of the present
proceedings.

Pleas in law and main arguments

The trade mark con-
cerned:

Verbal mark ‘CARCARD’ — appli-
cation No 115 014

Goods or services con-
cerned:

Goods and services in Classes 9,
36, 37, 38, 39, 42 (including
data media for vehicles, leasing of
motor vehicles and accounting in
that regard, arranging the pro-
vision of services in the field of
traffic and transport
logistics,
emergency assistance, repairs and
towing-away services)

Pleas in law and main arguments

Trade mark concerned:

Verbal trade mark ‘TRUCKCARD’,
Application No 113 274

Goods or service:

Goods and services in Classes 9,
36, 37, 38, 39, 42 (inter alia, data
carrier for vehicle data,
leasing
of motor vehicles and calculation
thereof, provision of services in
the areas of traffic and transport
logistics, emergency, repair and
vehicle-removal services)

Decision
before
Appeal:

contested
the Board of

Refusal of
examiner

registration by the

Decision
before
Appeal:

challenged
the Board of

Refusal of
examiner

registration by the

Grounds of claim:

— Infringement of Article 7(1)(b)
of Regulation (EC) No 40/94
— Infringement of Article 7(1)(c)
of Regulation (EC) No 40/94

Pleas in law:

— Infringement of Article 7(1)(b)
of Regulation (EC) No 40/94
— Infringement of Article 7(1)(c)
of Regulation (EC) No 40/94

Action brought on 24 November 2000 by Daimler Chrys-
ler AG against the Office for Harmonisation in the
Internal Market (Trademarks and Designs)

Action brought on 29 November 2000 by Alsace Inter-
national Car Service (A.I.C.S.) against European Parlia-
ment

(Case T-358/00)

(2001/C 28/53)

(Language of the case: German)

(Case T-365/00)

(2001/C 28/54)

(Language of the case: French)

An action against the Office for Harmonisation in the Internal
Market (Trademarks and Designs) was brought before the
Court of First Instance of the European Communities on
24 November 2000 by Daimler Chrysler AG, Stuttgart (Germ-
any), represented by Stefan Völker, Rechtsanwalt, of Gleiss
Lutz Hootz Hirsch, Stuttgart, Germany.

An action against the European Parliament was brought before
the Court of First Instance of the European Communities on
29 November 2000 by Alsace International Car Service
(A.I.C.S.), whose registered office is at Strasbourg (France),
represented by Jean Claude Fourgoux, of the Paris Bar.