Case T-369/02: Action brought on 9 December 2002 by Wieland-Werke AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2003-03-08
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), metal product, semi-manufactured goods, trade-mark law

8.3.2003

EN

Official Journal of the European Union

C 55/29

The applicant claims that the Court should:

Pleas in law and main arguments

— annul the decision of the defendant of 25 September

2002 in the appeal procedure R 337/2001-1;

Community trade mark Word mark ‘SnMIX’ — Appli-
applied for:

cation No 1422294

— order the defendant to pay the costs.

Goods or services:

Goods in Class 6 (inter alia, met-
allic semi-finished products in the
form of sheets, trips, wires, tubes,
sections and rods)

Pleas in law and main arguments

Community trade mark Word mark ‘SnPUR’ — Appli-
applied for:

cation No 1421775

Decision
Board of Appeal:

before

the

Refusal of
examiner

registration by the

Decision of the Board of
Appeal:

Dismissal of appeal

Goods or services:

Goods in Class 6 (inter alia, met-
allic semi-finished products in the
form of sheets, trips, wires, tubes,
sections and rods)

Pleas in law:

Decision
Board of Appeal:

before

the

Refusal of
examiner

registration by the

Decision of the Board of
Appeal:

Dismissal of appeal

— Infringement

of
Article 7(1)(b) and (c) of
Regulation (EC) No 40/94
since the mark is not descrip-
tive.

Pleas in law:

— Infringement

of
Article 7(1)(b) and (c) of
Regulation (EC) No 40/94
since the mark is not descrip-
tive.

Action brought on 12 December 2002 by Alpenhain-
Camembert-Werk Gottfried Hain GmbH & Co. KG and
six other undertakings against the Commission of the
European Communities

(Case T-370/02)

(2003/C 55/80)

(Language of the Case: German)

Action brought on 9 December 2002 by Wieland-Werke
AG against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

(Case T-369/02)

(2003/C 55/79)

(Language of the case: German)

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
9 December 2002 by Wieland-Werke AG, Ulm (Germany),
represented by S. Gruber and F. Graf von Stosch, lawyers.

The applicant claims that the Court should:

— annul the decision of the defendant of 25 September

2002 in the appeal procedure R 335/2001-1;

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 12 December 2002 by Alpenhain-
Camembert-Werk Gottfried Hain GmbH & Co. KG, established
in Lehen/Pfaffing (Germany), Bayerland eG, established in
Nuremberg (Germany), Bergpracht-Milchwerk GmbH & Co,
established in Tettnang (Germany), Hochland AG, established
in Heimenkirch (Germany), Käserei Champignon Hofmeister
GmbH & Co. KG, established in Lauben (Germany), Milchwerk
Crailsheim-Dinkelsbühl eG, established in Crailsheim (Germ-
any) and Rücker GmbH, established in Aurich (Germany),
represented by J. Salzwedel and M.J. Werner, lawyers, with an
address for service in Luxembourg.

The applicants claim that the Court should:

— annul the inclusion, pursuant to Commission Regulation
(EC) No 1829/2002 of 14 October 2002 amending the
Annex to Regulation (EC) No 1107/96 with regard to the
name ‘Feta’, of the name ‘Feta’ (PDO) as a protected
designation of origin (PDO) in the register of protected
designations of origin;

— order the defendant to pay the costs.

— order the defendant to pay the costs.