Case T-40/03: Action brought on 10 February 2003 by Julián Murúa Entrena against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2003-04-26
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law, wine

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,