Case T-37/01: Action brought on 19 February 2001 by Takeda Chemical Industries Ltd. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2001-05-19
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Japan, appeal to the Court (EU), chemical industry, pharmaceutical product

19.5.2001

EN

Official Journal of the European Communities

C 150/29

ORDER OF THE COURT OF FIRST INSTANCE

— for the rest, reverse the decision;

of 8 February 2001

in Case T-240/00: Lars Bo Rasmussen v Commission of
the European Communities (1)

(Action for annulment — Inadmissibility — Claim for
damages — Manifestly inadmissible)

— find that ENANTYUM should be refused registration as a

Community trade mark;

— order Laboratorios Menarini to pay the costs.

(2001/C 150/57)

Pleas in law and main arguments

(Language of the case: French)

In Case T-240/00: Lars Bo Rasmussen, official at the Com-
mission of the European Communities, residing in Dalheim
(Luxembourg), represented by M. Karp and J. Choucroun,
avocats, with an address for service in Luxembourg, against
the Commission of
the European Communities (Agents:
C. Berardis-Kayser and D. Martin) — application for the
annulment of
the decision taken by the Commission in
compliance with the judgment of the Court of First Instance
of 14 April 1999 T-50/98 Rasmussen v Commission [1999]
ECR-SC I-A-63 and II-319 and a claim for damages — the
Instance (Second Chamber), composed of
Court of First
A.W.H. Meij, President, A. Potocki and J. Pirrung, Judges;
H. Jung, Registrar, made an order on 8 February 2001, the
operative part of which is as follows:

1.

2.

The application is dismissed as inadmissible;

Each of the parties shall bear its own costs.

(1) OJ C 302 of 21.10.00.

Action brought on 19 February 2001 by Takeda Chemical
Industries Ltd. against the Office for Harmonisation in
the Internal Market (Trade Marks and Designs)

(Case T-37/01)

(2001/C 150/58)

(Language of the case: French)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
19 February 2001 by Takeda Chemical Industries Ltd. of
Osaka, Japan, represented by Thierry Mollet-Vieville, Avocat,
with an address for service in Luxembourg.

The applicant claims that the Court should:

— confirm the decision of the Second Board of Appeal
holding the signs ENANTYUM, ENANTONE and ENTAN-
TON to be similar;

Applicant for the Com-
munity trade mark:

Laboratorios Menarini, S.A.

Trade mark:

Word mark ‘ENANTYUM’ —
application no. 14720.

Goods or services:

Certain goods and services in class
5 (including anti-inflammatory
non-steroid painkillers).

Trade marks raised in
the opposition proceed-
ings:

(Decision of 15 December 2000
in the proceedings in Case R-
222/1999-2)

French word mark ‘ENANTONE’
and Finnish, Swedish and Danish
word mark ‘ENANTON’ for phar-
maceutical products in class 5.

Owner of the opposing
marks:

The applicant.

Decision
before
Appeal:

contested
the Board of

Refusal of
registration.

the application for

Decision of the Board of
Appeal:

Annulment of the decision of the
Opposition Division and dis-
missal of the opposition.

Pleas in law relied on:

Misconstruction of Article 43(2)
of the Community Trade Mark
Regulation (1) — Absence of any
request to provide evidence of use
of the marks — Similarity of the
goods — Likelihood of confusion.

(1) Council Regulation (EC) No 40/94 fo 20 December 1993 on the

Community trade mark (OJ L 11, p. 1).