Case T-8/03: Action brought on 10 January 2003 by El Corte Inglés against Office for Harmonisation in the Internal Market (trade marks and designs) (OHIM)
Date: 2003-03-22
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing, cosmetic product, leather, textile product, trade-mark law

C 70/26

EN

Official Journal of the European Union

22.3.2003

the requirements of Article 280(1) EC, i.e. it does not aim
at countering fraud which affects the financial interests of
it does not follow the procedure of
the Community,
Article 280(4) EC combined with Article 251 EC, and it
does not comply with the express exclusion of criminal
law and the administration of justice in Article 280(4)
EC;

The applicant claims that the Court should:

— annul the decision of the Fourth Board of Appeal of the
Office for Harmonization in the Internal Market (OHIM)
of 3 October 2002 in Joined Cases R 700/2000-4 and
R 746/2000-4;

— the contested act circumvents existing Community legis-

lation on money laundering;

— refuse to register Community trade mark No 203570;

— the EC, represented by the Commission, has assumed
the self-appointed role of ‘European Public Prosecutor’,
contrary to the Treaty and to the will of the Member
States.

The applicants allege that the EC, represented by the Com-
mission, has engaged in forum shopping aimed at bypassing
the shortcomings of the Members States and the EC, and that
it is not constitutionally competent to act on behalf of the
Member States.

Furthermore, the applicants submit that the contested act
violates the appropriate means of settling disputes concerning
the interpretation and application of the Treaty pursuant to
Article 292 EC. It also violates the obligation to state reasons
and the following general principles and fundamental rights:
the principle of proportionality, the principles of legitimate
expectations and of legal certainty as well as the rights of
defence and due process. Finally, the applicant maintains that
the defendant has misused its powers by adopting the contested
act.

( 1) The decision to commence the first proceedings was contested by
the applicants in Case T-379/00 (JO C 79 of 10.3.2001, p. 24).
The decision to commence the second proceedings was challenged
by the applicants in Case T-260/01 (JO C 3 of 5.1.2002 p. 39).

— order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

EMILIO PUCCI S.R.L.

The Community trade
mark concerned:

‘Emilio Pucci’,
in manuscript
handwriting — Application
No 203570 for goods in Class-
es 3, 18, 24 and 25

The applicant

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:

(in manuscript
EMIDIO TUCCI
handwriting No 1908876 for
goods in Class 3, and No 855782
for goods in Class 25)

Action brought on 10 January 2003 by El Corte Inglés
against Office for Harmonisation in the Internal Market
(trade marks and designs) (OHIM)

(Case T-8/03)

(2003/C 70/42)

Decision of the Oppo-
sition Division:

Decision of the Board of
Appeal:

(Language of the case: Spanish)

Grounds of claim:

An action against Office for Harmonisation in the Internal
Market (trade marks and designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
10 January 2003 by El Corte Inglés, whose registered office is
in Madrid, represented by Juan Luis Rivas Zurdo.

Registration refused for goods in
Classes 3, 18 and 25 and appli-
cation for registration upheld for
goods in Class 25 and for certain
goods in Class 18

Appeal brought by the opponent
dismissed and action brought by
the applicant upheld in respect of
the goods refused in Class 18

Misapplication of Article 8(1)(b)
of Regulation (EC) No 40/94 (like-
lihood of
confusion) and of
Article 8(5) thereof