Case T-388/00: Action brought on 30 December 2000 by the Institut für Lernsysteme against the Office for Harmonisation in the Internal Market
Date: 2001-03-10
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, Germany, action for annulment (EU), book trade, school textbook, trade mark

10.3.2001

EN

Official Journal of the European Communities

C 79/25

Pleas in law and main arguments

The pleas in law and main arguments are analogous to those
relied upon in Case T-379/00.

The applicant

Proprietor of the right to
the trade mark or sign
asserted by way of oppo-
sition in the opposition
proceedings:

sign

Trade mark or
asserted by way of oppo- mark ‘ILS’
sition in the opposition
proceedings:

Action brought on 30 December 2000 by the Institut für
Lernsysteme against the Office for Harmonisation in the
Internal Market

(Case T-388/00)

(2001/C 79/44)

(Language of the case: English)

Decision of the Oppo-
sition Division:

Decision of the Board of
Appeal:

Grounds of claim:

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 30 December 2000 by the Institut
für Lernsysteme, Hamburg, represented by Jörg Schneider
of CMS Hasche Sigle Eschenlohr Peltzer Schäfer, Stuttgart
(Germany).

A further party to the proceedings before the Board of Appeal
was ELS Educational Services, Inc., Culver City, California,
United States.

The applicant claims that the Court should:

(except

Registered German

figurative
for ‘educational and
teaching material
for
apparatus) in the form of printed
materials; data carriers of all kind
with programmes for educational
purposes; development and run-
ning of correspondence courses’
in Classes 9, 16 and 41

Rejection of the opposition

Rejection of the opposition

— infringement of essential for-
mal provisions, e.g. Article 43
(1) of Council Regulation on
the Community Trade Mark

— misapplication of

the prin-
ciple that the closer the goods
and services are to one anoth-
er, the greater the distance the
marks must observe from one
another

— annul

the decision of

the Office dated 18.10.2000
— R 074/2000-3 and reject the registration of the
Community trade mark 000131276 ‘ELS’;

— order the Office to bear the costs.

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

The trade mark con-
cerned:

ELS Educational Services, Inc.

students

The verbal mark ‘ELS’ — appli-
cation 131276, relating to ‘edu-
cational
textbooks and printed
materials, namely student work-
teaching man-
books, catalogs,
uals, printed instruction materials
and charts and booklets designed
for
seeking to learn
English as a second language’ in
Class 16;
‘rendering technical
assistance in connection with the
establishment and/or operation of
language schools’ in Class 35 and
‘educational services, namely pro-
viding English language instruc-
tion’ in Class 41

Action brought on 5 January 2001 by Renco S.A. against
the Council of the European Union

(Case T-4/01)

(2001/C 79/45)

(Language of the case: French)

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 5 January 2001 by Renco S.A., established in
Milan (Italy), represented by Denis Philippe, of the Luxembourg
Bar, and Francesco Apruzzi, of the Brussels Bar.

The applicant claims that the Court should:

— order the defendant to pay to the applicant compensation
totalling 6 863 000 euro, together with compensatory
interest with effect from the date of the event giving rise
to the damage — namely, 14 April 2000 — and legal
interest
the judgment,
composed of:

from the date of delivery of