Case T-20/02: Action brought on 30 January 2002 by Interquell GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2002-05-04
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), pet food, trade mark, trade-mark law

C 109/52

EN

Official Journal of the European Communities

4.5.2002

Action brought on 30 January 2002 by Interquell GmbH
against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

Grounds of claim:

— incorrect

application

of
Article 8(1)(b) of Regulation
(EC) No 40/94 (1);

(Case T-20/02)

(2002/C 109/100)

— infringement of Regulation
(EC) No 40/94 on account
of
failure to comply with
Article 12 thereof.

(Language of the case: to be determined pursuant to Article 131(2)
of the Rules of Procedure — Language in which the application has
been drafted: German)

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

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

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
30 January 2002 by Interquell GmbH, of Wehringen (Germ-
any), represented by G.J. Hodapp, lawyer. A further party to
the proceedings before the Board of Appeal was SCA Nutrition
Ltd, of Lichfield (United Kingdom).

The applicant claims that the Court should:

— annul Decision R 264/2002-2 adopted on 27 November
2001 by the Second Board of Appeal of the Office for
Harmonisation in the Internal Market;

— order the Office to pay the costs.

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

the applicant

The Community trade
mark applied for:

Proprietor of the trade-
mark right opposed in
the opposition proceed-
ings:

Trade-mark
opposed:

right

the pictorial mark ‘HAPPY DOG’
for goods in Class 31 (feeding-
stuffs for dogs) — application
No 290577

SCA Nutrition Ltd

the United Kingdom verbal and
pictorial marks ‘HAPPIDOG’ for
goods in Class 31 (feedingstuffs
for dogs)

Action brought on 7 February 2002 by Sumitomo Chemi-
cal Co., Ltd against the Commission of the European
Communities

(Case T-22/02)

(2002/C 109/101)

(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 7 February 2002 by Sumitomo
Chemical Co., Ltd, represented by Mr Martin Klusmann
and Ms Vanessa Turner of Freshfields Bruckhaus Deringer,
Düsseldorf (Germany).

The applicant claims that the Court should:

— annul the defendant’s Decision C(2001)3695-final of
21 November 2001 in Case No. COMP/E-1/37.512 —
Vitamins as far as Sumitomo Chemical Company is
concerned

— order the defendant to pay the costs.

Pleas in law and main arguments

The contested Decision in the present case is the same as in
case T-15/02 BASF/Commission (1).

Decision of the Oppo-
sition Division:

rejection of
application

the

trade mark

In support of its conclusions, the applicant submits that:

Decision of the Board of
Appeal:

rejection of the applicant’s appeal

— The Commission was time-barred from taking the prohib-
ition Decision. Contrary to the defendant’s view that the
rules on limitation periods have no bearing on the