Case T-3/03: Action brought on 7 January 2003 by Everlast World's Boxing Headquarters Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2003-03-08
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), clothing, leather, trade mark, trade-mark law

C 55/38

EN

Official Journal of the European Union

8.3.2003

Action brought on 7 January 2003 by Everlast World’s
Boxing Headquarters Corporation against the Office for
Harmonisation in the Internal Market (Trade Marks and
Designs)

Pleas in law:

— There

no

are

absolute
grounds for refusal to regis-
the mark within the
ter
meaning of Article 7(1)(c)
and (b) of Regulation (EC)
No 40/94 (1).

— The trade mark has become
distinctive in relation to the
goods or services for which
registration is requested in
use
consequence of
which has been made of it,
in
with
accordance
Article 7(3) of Regulation
(EC) No 40/94.

the

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

Community trade mark (OJ 1993 L 11, p. 1).

Action brought on 8 January 2003 by Giorgio Lebedef
against the Commission of the European Communities

(Case T-4/03)

(2003/C 55/93)

(Language of the case: French)

(Case T-3/03)

(2003/C 55/92)

(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
7 January 2003 by Everlast World’s Boxing Headquarters
Corporation, New York, represented by A. Barth, Rechtsan-
wältin.

The applicant claims that the Court should:

— set aside paragraphs 2 and 3 of the operative part of
Decision R 391/2001-1 of the First Board of Appeal of
the Office for Harmonisation in the Internal Market of
30 October 2002;

— order the Office to pay the costs.

Pleas in law and main arguments

Trade mark for which
Community registration
sought:

The word mark ‘Choice of Cham-
pions’
Application
No 1508498

—

Goods or services:

Goods of Classes 18, 25 and 28

Decision
before
Appeal:

challenged
the Board of

Refusal of
examiner

registration by the

Decision of the Board of
Appeal:

the

Annulment of
examiner’s
decision in respect of ‘Leather and
imitations of leather and goods
made from these materials’ so far
as contained in Class 18; ‘animal
skins and hides’, ‘trunks and trav-
elling bags; umbrellas, parasols
and walking sticks’ and ‘Play-
things; decorations for Christmas
trees’. Dismissal of the complaint
in respect of ‘whips, harness and
saddlery’,
footwear,
‘Clothing,
headgear’ and ‘Games; gymnastic
and sporting articles’ so far as
contained in Class 28, and dis-
missal of the application for dis-
tinctive force as a result of use in
respect of those goods.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 8 January 2003 by Giorgio Lebedef,
residing in Senningerberg (Luxembourg),
represented by
G. Bounéou, avocat, with an address for service in Luxembourg

The applicant claims that the Court should:

— annul

the
the decision of Appointing Authority of
Commission of the European Communities of 21 Decem-
ber 2001 not to include the applicant’s name in the list
of most deserving officials and not to promote him to
grade B1 in the promotion exercise for 2001 (decision
adopted following reconsideration of the applicant’s file
during the 2001 promotion exercise);