Case T-67/03: Action brought on 27 February 2003 by Henkel KGaA against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2003-05-24
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

C 124/24

EN

Official Journal of the European Union

24.5.2003

Action brought on 27 February 2003 by Henkel KGaA
against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM)

(Case T-67/03)

(2003/C 124/42)

Decision of the Board of Mr. Brutsaert’s appeal allowed in
part. Application to register may
Appeal:
proceed also in respect of the
goods ‘cleaning, polishing, scour-
ing and abrasive preparation’ in
Class 3. Mr. Brutsaert’s appeal
dismissed for
remainder;
Opponent’s appeal dismissed.

the

(Language of the case: English)

Pleas in law:

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
27 February 2003 by Henkel KgaA, Düsseldorf, Germany,
represented by Dr C. Osterrieth, lawyer, with an address for
service in Luxembourg. Koen Brutsaert was also a party to the
proceedings before the Board of Appeal.

The applicant claims that the Court should:

— misapplication

of

Arti-
cle 43(2) and (3) of Regu-
lation 40/94 (1). The appli-
cant challenges the Board of
Appeal’s findings in relation
to the issue of using and thus
to
maintaining entitlement
the national mark ‘CIDE’.

— misapplication

of

Arti-
cle 8(1)(b) of Regulation 40/
94. The applicant challenges
the Board of Appeal’s find-
ings regarding the issue of
similarity of goods.

— annul the decision of the First Board of Appeal of the
OHIM of 17 December 2002 in the appeal proceedings
No R 940/2001-1;

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

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

— order the defendant to pay the costs.

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:

Decision of the Oppo-
sition Division:

Koen Brutsaert

‘Professional
Figurative mark
Hygiene CID lines’
for certain
goods in Classes 1, 3 and 5 (appli-
cation No 506618)

Henkel KGaA

National marks ‘CIDE’ (for certain
goods in classes 1 and 5) and ‘CID’
(in respect of certain goods in
Classes 1 and 3.

Opposition upheld for part of the
contested goods, namely ‘bleach-
ing preparations and other sub-
stances for laundry use; cleaning,
polishing, scouring and abrasive
preparation’ (Class 3). The appli-
cation for registration may pro-
ceed for the remaining goods of
the application.

Action brought on 26 February 2003 by Bernard Zaoui,
Lucien Zaoui and Déborah Stain, née Zaoui against the
Commission of the European Communities

(Case T-73/03)

(2003/C 124/43)

(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 26 February 2003 by Bernard
Zaoui, residing in Combs-la-Ville (France), Lucien Zaoui,
residing in Netanya (Israel), and Déborah Stain, née Zaoui,
residing in Ramat Gan (Israel), represented by Jean Alex
Buchinger, lawyer.