Case T-359/02: Action brought on 3 December 2002 by Chum Limited against the Office for Harmonisation in the Internal Market
Date: 2003-01-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cultural event, cultural organisation, service, telecommunications, trade-mark law, transmission network

25.1.2003

EN

Official Journal of the European Communities

C 19/43

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

The Community trade
mark concerned:

Creative Technology Limited.

the community trade mark appli-
cation No 673327 for the word
mark ‘PC WORKS’ for goods in
class 9 (apparatus for recording,
transmitting
reproducing
and
sound or images, loudspeakers, a.
o.).

Proprietor of the right to Mr José Vila Ortiz.
the trade mark or sign
asserted by way of oppo-
sition in the opposition
proceedings:

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

the Spanish figurative mark ‘W
registered under
No 1925320, in relation to goods
in class 9 (sound electronical
equipments, loudspeakers, sound
reproducing apparatus, a. o.).

Decision of the Oppo-
sition Division:

Rejection of the Community trade
mark application.

Decision of the Board of
Appeal:

Dismissal of the appeal brought
by Creative Technology Limited.

Grounds of claim:

‘Work’

the applicant submits that undue
weight was given to the common
in both marks
element
and insufficient consideration was
given to the fact that the goods in
question are only bought after
careful examination of the fea-
tures of the goods, thus reducing
the
confusion
amongst the relevant public.

likelihood

of

Action brought on 3 December 2002 by Chum Limited
against the Office for Harmonisation in the Internal
Market

(Case T-359/02)

(2003/C 19/80)

European Communities on 3 December 2002 by Chum
Limited, Toronto (Canada), represented by Michael Gilbert,
Solicitor. A further party to the proceedings before the Board
of Appeal was Star TV AG, Schlieren (Switzerland).

The applicant claims that the Court should:

— set aside the Decision of the Second Board of Appeal of
OHIM, dated 17th September, 2002 in Appeal No.
R1140/2000-2,

— order that the Community Trade Mark application No.
890145 be registered for the services in Class 38 and
Class 41,

— order that costs be awarded to the Applicant in this
Appeal, in Appeal No. R1140/2000-2 and in Opposition
No. 184525.

Pleas in law and main arguments

Applicant for the Com-
munity Trade-mark:

Chum Limited

The Community trade- Word mark ‘STAR TV’ — appli-
cation No 890145, relating to
mark concerned:
goods in classes 38 and 41.

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

or

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

Star TV AG

Figurative trade-mark composed
of the words ‘STAR TV’ superpos-
ing a big black and white star,
accompanied by 3 smaller stars
and a small moon (international
registration No 638769, covering
Austria, Germany, the Benelux,
France and Italy), relating to goods
in classes 38 and 41.

Decision of the Oppo-
sition Division:

Rejection of the Community Tra-
de-mark.

Decision of the Board of
Appeal:

Refusal of the Appeal.

(Language of the case: English)

Grounds of the claim:

Incorrect application of Article
8(1)(b) of Regulation (EC) No 40/
94.

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