Judgment of the Court of First Instance of 5 March 2003 in Case T-237/01: Alcon Inc v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Invalidity proceedings — "BSS" — Article 51 of Regulation (EC) No 40/94 — Absolute ground for refusal — Article 7(1)(d) of Regulation No 40/94 — Distinctive character acquired through use — Articles 7(3) and 51(2) of Regulation No 40/94)
Date: 2003-05-10
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), pharmaceutical industry

10.5.2003

EN

Official Journal of the European Union

C 112/31

lawyers, v Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (Agents: F. López de Rego
and J. F. Crespo Carrillo): Action against the decision of the
First Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 22 May 2001
(Case R-1086/2000-1), the Court of First Instance (Second
Chamber), composed of: R. M. Moura Ramos, President,
J. Pirrung and A. W. H. Meij, Judges; D. Christensen, Adminis-
trator, for the Registrar, has given a judgment on 5 March
2003, in which it:

2.

3.

dismisses the remainder of the application;

orders the Commission to pay the costs.

(1) OJ 2001 C 331.

1. Dismisses the action;

2. Orders the applicant to pay the costs.

( 1) OJ C 303 of 27.10.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 26 February 2003

in Case T-212/01: Arnaldo Lucacioni v Commission of the
European Communities (1)

(Officials — Insurance Against the Risk of Accident and
of Occupational Disease — Aggravation of injuries —
Overlapping of capital and compensation provided by
Articles 12 and 14 respectively of the Insurance Rules)

(2003/C 112/60)

(Language of the case: French)

In Case T-212/01: Arnaldo Lucaccioni, former official of the
Commission of the European Communities, residing in St-
Leonard-on-Sea (United Kingdom), represented by J. R. Iturria-
gagoitia Bassas, lawyer, against Commission of the European
Communities (Agents: J. Currall and J.-L. Fagnart) - application
for annulment of the decision of the Commission of 16 Nov-
ember 2000 suspending the procedure to examine a request
to recognise an aggravation of his occupational illness and
refusal to take action on that request and a claim for damages -
the Court of First Instance (First Chamber), composed of
B. Vesterdorf, President, N. J. Forwood and H. Legal, Judges;
J. Palacio González, Principal Administrator, for the Registrar,
gave a judgment on 26 February 2003, in which it:

1.

annuls the decision of the Commission, notified to the applicant
by letter of 16 November 2000, to suspend the procedure
provided for by Article 22 of the Insurance Rules and not to act
on the applicant’s request seeking the recognition of
the
aggravation of his occupational illness;

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 March 2003

in Case T-237/01: Alcon Inc v Office for Harmonisation in
the Internal Market (Trade Marks and Designs) (OHIM) (1)

(Community trade mark — Invalidity proceedings — ‘BSS’
— Article 51 of Regulation (EC) No 40/94 — Absolute
ground for refusal — Article 7(1)(d) of Regulation No 40/
94 — Distinctive character acquired through use —
Articles 7(3) and 51(2) of Regulation No 40/94)

(2003/C 112/61)

(Language of the case: English)

formerly Alcon Universal
In Case T-237/01, Alcon Inc,
Ltd, established in Hünenberg (Switzerland), represented by
H. Porter, Solicitor and C. Morcom QC, with an address for
service in Luxembourg, v Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (Agent:
S. Laitinen), the intervener before the Court of First Instance
being Dr. Robert Winzer Pharma GmbH, established in
Olching (Germany), represented by S.N. Schneller,
lawyer:
Action brought against the decision of the First Board of
Appeal of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) of 13 July 2001 (Case R
273/2000-1), the Court of First Instance (Second Chamber),
composed of: R.M. Moura Ramos, President, J. Pirrung and
A.W.H. Meij, Judges: J. Plingers, Administrator, for the Regis-
trar, has given a judgment on 5 March 2003, in which it:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 369 of 22.12.2001.