Case T-128/01: Action brought on 7 June 2001 by DaimlerChrysler Corporation 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), motor vehicle industry, 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