Case T-269/02: Action brought on 2 September 2002 by Pepsico Inc. against Office for Harmonization in the Internal Market (trade marks and designs) (OHIM)
Date: 2002-10-26
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), condiment, foodstuff, trade-mark law

26.10.2002

EN

Official Journal of the European Communities

C 261/19

Pleas in law and main arguments

Pleas in law and main arguments

The applicant contests, first, the Commission’s rejection of the
applicant’s request that it institute legal proceedings with
regard to the harassment complained of. Secondly, the appli-
cant contests the implied decision not to recognise the illness
suffered by the applicant, following such harassment, as an
occupational disease.

Applicant for the Com-
munity trade mark:

The applicant

The Community trade Word mark ‘RUFFLES’ — Appli-
cation No 000096875, for goods
mark concerned:
in Classes 29 and 30 (food and
condiments)

In support of the action in respect of the first act, the applicant
alleges infringement of Article 25(2) of the Staff Regulations.
In the applicant’s view,
the reasons for the decision are
inconsistent.

Moreover, the applicant alleges infringement of Article 24(1)
and (2) of the Staff Regulations in that the Commission refuses
to take legal action and in that it refuses to grant the applicant
access to information which it has available to it regarding the
harassing conduct.

In support of the action in respect of the second act, the
applicant alleges infringement of Article 25(2) of the Staff
Regulations. The applicant claims not to have received any
reasons for the implied rejection of the request submitted.

Action brought on 2 September 2002 by Pepsico Inc.
against Office for Harmonization in the Internal Market
(trade marks and designs) (OHIM)

(Case T-269/02)

(2002/C 261/36)

(Language of the case: Spanish)

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

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

Decision of the Oppo-
sition Division:

Convent Knabber-Gebäck GmbH.

German mark ‘RIFFELS’ registered
for goods in Class 29 (potato
chips)

regards
Application upheld as
‘dried vegetables’
(Class 29) and
‘fine pastry and confectionery’
(Class 30). Application dismissed
regards ‘cereal preparations’
as
(Class 30).

Decision of the Board of
Appeal:

Appeal dismissed.

Grounds of claim:

Breach of the principles that the
rights of the defence are to be
observed and that reasons must
be provided, in accordance with
Articles 73 and 74 of Regulation
No 40/94, and of co-existence
and comparability between Com-
munity trade marks and national
trade marks

Action brought on 4 September 2002 by Comune di
Napoli against Commission of the European Communities

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
2 September 2002 by Pepsico Inc., whose registered office is
in New York (United States of America), represented by
Enrique Armijo Chávarri.

(Case T-272/02)

(2002/C 261/37)

(Language of the case: Italian)

The applicant claims that the Court should:

— annul decision No 114/2000-1 of the OHIM of 10 June

2002;

— order OHIM to pay the costs.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 4 September 2002 by the Munici-
pality of Naples, represented by Massimo Merola, Claudio
Tesauro, Giuseppe Tarallo and Edoardo Barone, lawyers.