Case T-194/01: Action brought on 14 August 2001 by Unilever N.V. against the Office for Harmonization in the Internal Market
Date: 2001-10-27
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), trade mark, trade-mark law

27.10.2001

EN

Official Journal of the European Communities

C 303/23

In support of his action for annulment, the applicant also
alleges infringement of the guidelines adopted by the Com-
mission on 18 September 1999, breach of the principle of
equal treatment and psychological harassment in the work
place. Finally the applicant claims compensation for damage
he claims to have suffered.

Grounds of claim:

interpretation
of
Incorrect
article 7 (1)
(b) of the Council
Regulation No 40/94 — The mark
is
sufficiently distinctive. The
Applicant claims further that the
burden to proof otherwise lays
with the Board of Appeal. It is not
up to the Applicant to show that
article 7(1)
the Council
(b) of
Regulation No 40/94 is not appli-
cable.

Action brought on 14 August 2001 by Unilever N.V.
against the Office for Harmonization in the Internal
Market

(Case T-194/01)

(2001/C 303/37)

(Language of the case: English)

An action against the Office for Harmonization in the Internal
Market was brought before the Court of First Instance of the
European Communities on 14 August 2001 by Unilever N.V.,
a company registered in Rotterdam (Netherlands) represented
by Dr. Verna von Bomhard and Dr. Andreas Renck of Lovells
Boesebeck Droste, Alicante (Spain).

The applicant claims that the Court should:

— alter the decision of the First Board of Appeal of the
Office for Harmonization in the Internal Market (Trade
Marks and Designs) of 22 May 2001 (Case R 1086/
2000-1) to provide that the trade mark at hand is eligible
for registration as a Community trade mark;

— alternatively, the decision be annulled;

Action brought on 20 August 2001 by the Government
of Gibraltar against the Commission of the European
Communities

(Case T-195/01)

(2001/C 303/38)

(Language of the case: English)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 20 August 2001 by the Govern-
ment of Gibraltar, represented by Alastair Sutton, Michael
Llamas and Walter Schuster, of White & Case, Brussels
(Belgium).

— order the defendant to bear the costs of the proceedings.

The applicant claims that the Court should:

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

Unilever N.V.

The Community trade
mark concerned:

Decision of the Exam-
iner:

Decision of the Board of
Appeal:

Three dimensional mark (Pebble
shape)
Application
No 1 418 250 for certain goods
in class 3

—

Rejection of the Application

Partial acceptance of the Appeal

— annul the Commission’s decision to open the procedure
under Article 88(2), in the form of the letter of 11 July
2001 addressed to the United Kingdom;

— order the defendant to pay the costs.

Pleas in law and main arguments

The Government of Gibraltar introduced a tax scheme under
which certain companies, under certain conditions, were
exempt from income tax and subject only to a fixed tax (the
exempt company legislation). That legislation was modified by
several amendments before and after the accession of the
United Kingdom and Gibraltar to the European Communities
in 1973.