Case T-35/03: Action brought on 31 January 2003 by Aventis Cropscience S.A. against Office for the Harmonisation of the Internal Market (trade marks and designs) (OHIM)
Date: 2003-04-05
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), herbicide, insecticide, pesticide, trade-mark law

C 83/24

EN

Official Journal of the European Union

5.4.2003

The applicant claims that the Court should:

The applicant claims that the Court should:

— annul the Commission’s decision rejecting the applicant’s
candidature and refusing to admit him to the written
procedure in open competition EUR/A/166/01, as noti-
fied to him by decision of the appointing authority of
8 April 2002;

— annul the decision of the Second Board of Appeal of
OHIM of 18 November 2002 in file R 803/2001-2;

— uphold, therefore, the applicant’s opposition to regis-

tration of the trade mark ‘CARPO’, and

— in the alternative, order compensation for non-material

damage provisionally estimated at EUR 2 500;

— order the defendant to pay the costs.

— order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The applicant in the present case challenges the decision
refusing to allow him to take part in the tests in competition
EUR/A/166/01, held for the purpose of constituting a reserve
for recruitment of A7/A6 administrators in the area of
auditing, on the ground that the qualifications and diplomas
produced by the applicant did not satisfy the conditions laid
down in point
the notice of competition. The
Selection Board considered that the applicant’s qualifications of
‘Ragioniere e Perito Commerciale’ and ‘Revisore Commerciale’
could not be regarded as equivalent to the qualification of
‘Dottore Commercialista’.

III.B.2 of

In support of his claims, the applicant alleges failure to comply
with of the notice of competition and infringement of the duty
to state reasons, and alleges that there was in the circumstances
of the case a manifest error of assessment. Specifically, he
argues that the Selection Board erred in its assessment of his
qualifications, diplomas, professional activity and training
periods in auditing which in fact enable him to claim a
professional qualification of equivalent level.

Applicant for the Com-
munity trade mark:

Basf Aktiengegesellschaft

The Community trade Word mark ‘CARPO’ for products
in class 5 (fungicides, herbicides,
mark concerned:
insecticides and pesticides).

Applicant.

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

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

Spanish word mark ‘HARPO Z’
for products in Class 5 (prep-
arations for destroying vermin,
fungicides, herbicides).

Decision of the Oppo-
sition Division:

Opposition rejected.

Decision of the Board of
Appeal:

Action dismissed.

Grounds of claim:

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

Action brought on 31 January 2003 by Aventis Cropscien-
ce S.A. against Office for the Harmonisation of the
Internal Market (trade marks and designs) (OHIM)

Action brought on 4 February 2003 by Open Mobile
Alliance Ltd. against the Office for Harmonization in the
Internal Market

(Case T-35/03)

(2003/C 83/53)

(Language of the case: Spanish)

(Case T-37/03)

(2003/C 83/54)

(Language of the case: English)

An action against the 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
31 January 2003 by Aventis Cropscience S.A., the registered
office of which is in Lyon (France), represented by Enrique
Armijo Chávarri.

An action against the Office for Harmonization in the Internal
Market was brought before the Court of First Instance of the
European Communities on 4 February 2003 by Open Mobile
Alliance Ltd., Reading, United Kingdom, represented by Ms
Alexandra Dellmeier, Attorney at Law.