Case T-130/01: Action brought on 11 June 2001 by Sykes Enterprises Incorp. against the Office for Harmonisation in the Internal Market.
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

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.