Case T-39/03: Action brought on 7 February 2003 by DaimlerChrysler AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2003-04-26
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), motor car, motor vehicle industry, spare part, trade-mark law

C 101/38

EN

Official Journal of the European Union

26.4.2003

Finally, the applicant alleges breach of the principle of non-
discrimination in that the contested decisions deprived the
union of which the applicant is the secretary general of all
manner of human and material resources without taking
account of its representativeness.

compensation for the material damage he allegedly suffered in
the period between 1 July and 31 December 2001 and has
made the present application. In support of his arguments, he
alleges infringement of the abovementioned article of the Staff
Regulations.

Action brought on 31 January 2003 by José Pedro
Pessoa e Costa against Commission of the European
Communities

Action brought on 7 February 2003 by DaimlerChrysler
AG against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

(Case T-36/03)

(2003/C 101/69)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 31 January 2003 by José Pedro
Pessoa e Costa, residing in Brussels, represented by Albert
Coolen, Jean-Noël Louis et Étienne Marchal, lawyers, with an
address for service in Luxembourg.

The applicant claims that the Court should:

— declare that the Commission commited an administrative
fault by not reinstating the applicant to the first vacancy
at Grade A 5 commensurate with his abilities;

— order the Commission to reconstitute his career and, in
particular, to pay him the remuneration to which he is
entitled in respect of
to
31 December 2001 together with default interest calcu-
lated at the rate of 1.5 % per annum;

the period from 1 August

(Case T-39/03)

(2003/C 101/70)

(Language of the case: to be determined pursuant to Article 131(2)
of the Rules of Procedure — Language in which the application was
submitted: 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 February 2003 by DaimlerChrysler AG, Stuttgart, Germany,
represented by M. Trimborn, lawyer. AXON Leasing GmbH,
Grasbrunn, Germany, was also a party to the proceedings
before the Board of Appeal.

The applicant claims that the Court should:

— annul the decision of the Fourth Board of Appeal of
4 November 2002 in appeal No R 329/2001-4 and
dismiss the appeal;

— order the defendant Office to pay the costs.

— order the defendant to pay the costs.

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

Pleas in law and main arguments

The applicant, an official working for the defendant, on leave
on personal grounds until 30 June 2001, requested his
reinstatement, in accordance with Article 40(4)(d) of the Staff
Regulations of officials of the European Communities. On
30 May 2002, the applicant lodged a complaint claiming that
the defendant had failed to reinstate him to the first vacancy
corresponding to his grade and abilities. The applicant claims
that that complaint was partially rejected so far as concerns

Community trade mark
sought:

Proprietor of mark or
sign cited in the oppo-
sition proceedings:

The applicant

The word mark ‘AXOR’ for goods
and services in Classes 12 and 37
(automobiles and parts therefor
(included in Class 12) and motor
vehicle maintenance and repair)
— application No 1111061

AXON Leasing GmbH

26.4.2003

EN

Official Journal of the European Union

C 101/39

Mark or sign cited in
opposition:

Decision of the Oppo-
sition Division:

Decision of the Board of
Appeal:

Pleas in law:

The German word/figurative
mark ‘AXON’ (No 1108589) for
goods and services in classes 10,
12, 35 and 36

Rejection of the opposition

Annulment of the decision of the
Opposition Division and referral
of the case back to the Opposition
Division

— There

is

similarity
no
between the marks opposed,
of
within
Article 8(1)(b) of Regulation
(EC) No 40/94 (1).

the meaning

— There is no likelihood of

confusion.

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

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 10 February 2003 by Julián Murúa
Entrena against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM)

(Case T-40/03)

(2003/C 101/71)

(Language of the case: Spanish)

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
10 February 2003 by Julián Murúa Entrena, residing in El
Ciego, Álava (Spain), represented by Ignacio Temiño Ceniceros,
lawyer.

The applicant claims that the Court should:

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

Community trade mark
sought:

Proprietor of mark or
sign cited in the oppo-
sition proceedings:

Mark or sign cited in
opposition:

Applicant

Figurative mark ‘Julián Murúa
Application
Entrena’
—
in
No 62.588 for products
Class 33 (wines).

Bodegas Murúa S.A.

international

Spanish trade mark ‘MURUA’
and
registration
No 482.779 having effect in Ger-
many, France, Austria, Switzer-
land and Benelux for products in
Class 33.

Decision of the Oppo-
sition Division:

Opposition accepted.

Decision of the Board of
Appeal:

Appeal dismissed.

Pleas in law:

application

Incorrect
of
Article 8(1)(b) of Regulation (EC)
No 40/94 (likelihood of con-
fusion).

Action brought on 10 February 2003 by La Maison de
l’Europe Avignon-Méditerranée against Commission of
the European Communities

(Case T-43/03)

(2003/C 101/72)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 10 February 2003 by La Maison
de l’Europe Avignon-Méditerranée, established in Avignon
(France), represented by François Martineau, lawyer.

— annul the contested decision refusing the Community

trade-mark application No 62.588 in Class 33;

The applicant claims that the Court should:

— order the parties to bear their own costs and half of the

common costs.

— order the defendant to pay EUR 100 000 to make good
the damage suffered by La Maison de l’Europe Avignon-
Méditerranée as a result of the disclosure of deceitful,