Case T-308/01: Action brought on 10 December 2001 by Henkel KGaA against the Office for Harmonisation in the Internal Market
Date: 2002-03-16
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, Germany, action for annulment (EU), trade mark, trade-mark law

16.3.2002

EN

Official Journal of the European Communities

C 68/11

COURT OF FIRST INSTANCE

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

European Communities on 10 December 2001 by Henkel
KGaA, represented by Mr Holger Wissel and Dr Christian
Osterrieth (Clifford Chance Pünder) of Düsseldorf (Germany).

of 15 November 2001

in Case T-151/01 R: Der Grüne Punkt — Duales System
Deutschland AG v Commission of the European Com-
munities

(Interlocutory proceedings — Abuse of a dominant position
— Article 82 EC — Trade-mark law — Prima facie case —
Urgency — Weighing of interests)

The applicant claims that the Court should:

— annul the decision of the Third Board of Appeal of the
OHIM of 12 September 2001 in appeal proceedings
no. R 738/2000-3

— order the defendant to pay the costs of the action

(2002/C 68/20)

(Language of the case: German)

Pleas in law and main arguments

In Case T-151/01 R: Der Grüne Punkt — Duales System
Deutschland AG, established in Cologne (Germany), represent-
ed by W. Deselaers, B. Meyring, E. Wagner and C. Weidemann,
lawyers, with an address for service in Luxembourg, v Com-
mission of the European Communities (Agent: S. Rating),
supported by Vfw AG, established in Cologne, represented by
H.F. Wissel, lawyer, with an address for service in Luxembourg,
Landbell AG, established in Mainz (Germany), represented by
A. Rinne, lawyer, with an address for service in Luxembourg,
and Bellandvision GmbH, established at Pegnitz (Germany),
represented by A. Rinne, lawyer, with an address for service in
Luxembourg — application for suspension of operation of
Article 3 of Commission Decision 2001/463/EC of 20 April
2001 relating to a proceeding pursuant to Article 82 of the EC
Treaty (Case COMP D3/34493 DSD) (OJ 2001 L 166, p. 1),
and of Articles 4, 5, 6 and 7 of that decision in so far as they
refer to the said Article 3 — the President of the Court of First
Instance made an order on 15 November 2001, the operative
part of which is as follows:

1.

2.

The application for interim measures is dismissed.

The costs are reserved.

Action brought on 10 December 2001 by Henkel KGaA
against the Office for Harmonisation in the Internal
Market

(Case T-308/01)

(2002/C 68/21)

Applicant for the Com-
munity trade mark:

LHS Ltd.

The Community trade
mark concerned:

The word mark ‘Kleencare’
goods in classes 1, 3, 5 and 42.

for

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

Trade mark or
sign
asserted by way of oppo-
sition in the opposition
proceedings:

Henkel KGaA

The German word mark ‘Carclin’
for goods in classes 1 and 2.

Decision of the Oppo-
sition Division:

Rejection of the opposition by
Henkel KGaA

Decision of the Board of
Appeal:

Dismissal of the appeal lodged by
Henkel KGaA

Grounds of claim:

Violation of Articles 57 and fol-
lowing of regulation 40/94 (1) in
that
the Board of Appeal can
review fully the decisions of the
Opposition Division.
Further-
more, violation of Article 76 (1) (f)
of Regulation 40/94 by the refusal
of a statement made by a person
connected with the applicant.

(Language of the case: English)

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

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

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the