Case T-295/01: Action brought on 3 December 2001 by Nordmilch eG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2002-02-16
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), milk product

C 44/22

EN

Official Journal of the European Communities

16.2.2002

European Communities on 3 December 2001 by Lucı´a
Aparicio Chofré, residing in Valencia (Spain), represented by
Gloria Ballester Can˜ ada, lawyer.

The applicant claims that the Court should:

— annul the decision of the selection board in general
competition COM/B/01 in the event that it does not mark
the tests sat by the applicant on 6 July 2001.

Pleas in law and main arguments

The applicant claims that
the contested decision, which
excludes her from the competition on the ground that
she does not meet the conditions relating to professional
experience required under Point III.B of the competition notice,
not only adversely affects her but, moreover, is unlawful and
contrary to the wording of the competition notice (1), according
to which candidates must have acquired, by the deadline for
the submission of applications, at least 4 years’ professional
experience. The applicant argues that, in accordance with the
criteria laid down in the notice for the calculation of the period
of professional experience, she has shown that she has acquired
7 years and 8 months of experience, so that the board should
have allowed her to take part in the competition.

(1) Published in OJ 2001 C 24A.

The applicant claims that the Court should:

— annul the decision adopted on 19 September 2001 by
the Third Board of Appeal in Case No R 826/2000-3;

— order the defendant to proceed with the registration
proceedings in respect of Community trade mark appli-
cation No 607895, in particular to re-open the opposition
proceedings pending under opposition No B 190746
and, following the conclusion of those opposition pro-
ceedings, in so far as Community trade mark application
No 607895 is not found to be excluded from registration
in accordance with the first sentence of Article 43(5) of
the Community trade mark regulation (1), order the
defendant to register the trade mark applied for pursuant
to Article 45 of that regulation;

— order the defendant to pay the costs.

Pleas in law and main arguments

The trade mark applied
for:

the verbal mark ‘OLDENBURGER’
— Application No 607895

Goods or services:

goods in Classes 29, 30 and 32
(including milk and dairy prod-
ucts)

Decision
before
Appeal:

contested
the Board of

refusal of
examiner

registration by the

Decision of the Board of
Appeal:

rejection of the appeal

Action brought on 3 December 2001 by Nordmilch eG
against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

Grounds of claim:

(Case T-295/01)

(2002/C 44/41)

(Language of the case: German)

— error of

law in the appli-
cation of Article 7(1)(c) and
Article 7(2) of Regulation
(EC) No 40/94;

— misinterpretation of Article
12(b) of Regulation (EC)
No 40/94;

— error of law by the defendant
in failing to call upon the
to give a dis-
applicant
claimer.

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
3 December 2001 by Nordmilch eG, of Zeven (Germany),
represented by C. Spintig, lawyer.

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

Community trade mark (OJ 1994 L 11, p. 1).