Case T-149/01: Action brought on 3 July 2001 by Bruno Heim and Franz Gustav Andersson 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 245/30

EN

Official Journal of the European Communities

1.9.2001

Pleas in law and main arguments

Pleas in law and main arguments

By the present action the applicant, is challenging the appoint-
ing authority’s refusal to acknowledge the occupational origin
of a disease which, according to the applicant himself, was
caused by having to carry and lift, as part of his duties, loads
of a certain weight.

Applicant for the Com-
munity trade mark:

Bruno Heim and Franz Gustav
Andersson

The Community trade
mark concerned:

Figurative mark ‘DockerS by Gerli’
— Application No 22.129 for
goods in Class 25

In support of his arguments, the applicant alleges:

— the allegedly incomprehensible nature of the Medical

Committee’s findings;

— infringement of Article 73 of the Staff Regulations and
Article 3(2) of the Rules on the Insurance of Officials of
the European Communities against the Risk of Accident
and of Occupational Disease, and failure to observe the
duty of care and the principle of proportionality;

— breach of the procedure laid down in Article 21 of the

abovementioned rules.

Levi Strauss & Co.

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

sign

Trade mark or
French and Swedish figurative
asserted by way of oppo- marks ‘DOCKERS’ registered for
sition in the opposition
proceedings:

goods in Class 25

Decision of the Oppo-
sition Division:

Decision of the Board of
Appeal:

Rejection of the application for
registration of
the Community
trade mark

Dismissal of the appeal and con-
firmation of the rejection of the
application for registration of the
Community trade mark

Action brought on 3 July 2001 by Bruno Heim and Franz
Gustav Andersson against Office for the Harmonization
of the Internal Market (trade marks and designs) (OHIM)

Grounds of claim:

(Case T-149/01)

(2001/C 245/48)

the case:

(Language of
to be determined in accordance with
Article 131(2) of the Rules of Procedure. Language in which the
application was drafted: 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
3 July 2001 by Bruno Heim and Franz Gustav Andersson,
both residing in Germany, represented by Juan José Carren˜ o
Moreno.

The applicant claims that the Court should:

— annul the decision of the Third Board of Appeal of the
Office for Harmonization in the Internal Market (trade
marks and designs (OHIM)) of 4 April 2001 in the
proceedings in R 588/199-3 dismissing the appeal against
the decision to refuse to register the figurative mark
‘DockerS by Gerli’ as a Community trade mark for goods
in Class 25; and

— order a new decision annulling the preceding decision and
granting Community trade mark registration application
No 22.129 ‘DockerS by Gerli’ for goods in Class 25 of
the international classification, of which the applicants
are the proprietors.

— infringement of Articles 34
Regulation
of

35

and
No 40/94 (1);

— infringement of Article 8(2)(c)
of Regulation No 40/94 and
Rule
Regulation
of
8
No 2868/95 (2);

— breach of the concept of ‘risk

of confusion’

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

Community trade mark (OJ 1993 L 11, p. 1).

(2) Commission Regulation (EC) No 2868/95 of 13 December
1995 implementing Council Regulation (EC) No 40/94 on the
Community trade mark(OJ 1995 L 303, p. 1).

Action brought on 2 July 2001 by Cristiano Sebastiani
against Commission of the European Communities

(Case T-150/01)

(2001/C 245/49)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 2 July 2001 by Cristiano Sebastiani,
residing in Brussels represented by Jean-Noël Louis and
Véronique Peere,
lawyers, with an address for service in
Luxembourg.