Case T-129/01: Action brought on 11 June 2001 by José Alejandro S.L. against Office for the Harmonization of the Internal Market (trade marks and designs) (OHIM)
Date: 2001-09-01
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

C 245/24

EN

Official Journal of the European Communities

1.9.2001

Action brought on 7 June 2001 by DaimlerChrysler
Corporation against the Office for Harmonisation in the
Internal Market

Action brought on 11 June 2001 by José Alejandro S.L.
against Office for the Harmonization of the Internal
Market (trade marks and designs) (OHIM)

(Case T-128/01)

(2001/C 245/38)

(Language of the case: 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 7 June 2001 by DaimlerChrysler
Corporation, having its registered office in Michigan (USA),
represented by T. Cohen Jehoram of De Brauw Blackstone
Westbroek, The Hague (Netherlands).

The applicant claims that the Court should:

— annul the decision of the Board of Appeal in so far as it
finds that the mark does not satisfy the conditions as laid
down in article 7(1)b and /or Article 7(3) of Regulation
no 40/94 (1);

— order the OHMI to accord a date of registration in respect
of the application for a Community trade mark; and

— order the OHMI to compensate DaimlerChrysler for the

costs of these proceedings.

Pleas in law and main arguments

DaimlerChrysler Corporation

(Case T-129/01)

(2001/C 245/39)

(Language of the case: Spanish)

An action against Office for Harmonization in the Internal
Market (trade marks and designs (OHIM) was brought before
the Court of First Instance of the European Communities on
11 June 2001 by José Alejandro S.L., whose registered office is
at Elche (Spain), represented by Ignacio Temin˜ o Ceniceros.

The applicant claims that the Court should:

— uphold the present application and alter the contested
decision of 20 March 2001 of the First Board of Appeal
(R 230/2001-1) dismissing the appeal against the decision
to accept the opposition submitted by Anheuser-Bush,
Inc. against the application to register ‘Budmen’ as a
Community trade mark (Application No 30.221) submit-
ted by José Alejandro S.L. for goods in Class 25, and
grant registration of Community trade mark application
No 30221 in Class 25 as applied for;

— in the alternative, uphold the present application and
alter the content of the contested administrative act, and
grant registration of Community trade mark application
No 30221 in Class 25 only in respect of footwear.

— so far as concerns costs, order the parties to bear their
own costs and each pay half of the common costs.

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

José Alejandro S.L.

Applicant for the Com-
munity trade mark:

The Community trade
mark concerned:

Decision of the Exam-
iner:

Decision of the Board of
Appeal:

Grounds of claim:

trademark

Figurative
(grille
design) — Application no 525048
for goods in class 12

The Community trade Word mark ‘BUDMEN’ — Appli-
cation No 30.221 for certain
mark concerned:
goods in Classes 10, 16 and 25

Rejection of the application

Rejection of the appeal

The opponent

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

interpretation

Incorrect
of
Articles 7(1)b and 7(3) of Council
Regulation no 40/94.

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

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

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

sign Word mark ‘BUD’ registered in
Denmark, United Kingdom and
Ireland for goods in Classes 16
and 25

Decision of the Oppo-
sition Division:

Acceptance of
with respect
Class 25

the opposition
to the goods in

Decision of the Board of
Appeal:

Dismissal of the appeal

1.9.2001

EN

Official Journal of the European Communities

C 245/25

Grounds of claim:

No risk of confusion within the
meaning of Article 8(1)(b) of
Council Regulation (EC) No 40/94
of 20 December 1993 on the
Community trade mark,
since
there is neither a visual nor pho-
netic similarity between the trade
marks nor do they desgignate
goods which may be confused

Grounds of claim:

interpretation

Incorrect
of
article 7 (1) b) of Council Regu-
lation 40/94 (1).

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

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

Action brought on 11 June 2001 by Sykes Enterprises
Incorp. against the Office for Harmonisation in the
Internal Market

(Case T-130/01)

(2001/C 245/40)

(Language of the case: 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 11 June 2001 by Sykes Enterprises
Incorp., Florida, USA, represented by Eberhard Körner of
Lichtenstein Körner & Partners, Stuttgard, Germany.

The applicant claims that the Court should:

— annul the contested decision of 7 March 2001 in Case

No. R 0504/2000-3;

— order the Office to publish the trademark application

concerned;

Action brought on 18 June 2001 by Hans Fuchs Ver-
sandschlachterei KG against the Commission of the Euro-
pean Communities

(Case T-134/01)

(2001/C 245/41)

(Language of the case: German)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 18 June 2001 by Hans Fuchs
Versandschlachterei KG, Duisburg (Germany), represented by
Ulrich Schrömbergs and Lothar Harings, Rechtsanwälte.

The applicant claims that the Court should:

— order

the Commission

applicant
DEM 13 130,04 plus interest at 8 % per annum as from
1 March 2000;

pay

the

to

— in the alternative, order the Bundesanstalt für Landwirt-
schaft
applicant
DEM 13 130,04 plus interest at 8 % per annum as from
1 March 2000;

Ernährung

und

pay

the

to

— order the Office to pay the costs.

— order the Commission to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

Sykes Enterprises Inc.

The Community trade Word mark:
mark concerned:

‘Real people, real
solutions’
Application
—
no 1040534 for certain services
in classes 35, 37 and 42

In connection with a programme to supply agricultural
products to the Russian Federation (1), two tendering pro-
cedures took place: one for procuring the products and the
other for their delivery to Russia. Commission Regulation
(EC) No 1135/1999 (2) was to constitute the basis for the
procurement of the products. Transport was dealt with by
Commission Regulation (EC) No 1955/1999 (3).

Decision of the Exam-
iner:

Decision of the Board of
Appeal:

Rejection of the Application

Rejection of the Appeal

The applicant submitted a tender for the procurement of pork
for subsequent delivery to Russia and obtained the contract
for the procurement of one lot. A third party obtained the
contract for delivery.