Case T-154/03: Action brought on 2 May 2003 by Biofarma against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2003-07-05
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pharmaceutical industry, trade-mark law

5.7.2003

EN

Official Journal of the European Union

C 158/27

The applicant claims that the Court should:

— annul the Contested Decision in whole or in part,

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

The applicant

— order the Commission to pay the costs of this Case and

of Case T-276/02.

Mark or sign cited in Word mark ‘ARTEX’ registered in
France, Portugal and the Benelux
opposition:
for goods in Class 5

Pleas in law and main arguments

The applicant in the present case is the same association as in
case T-276/02, Forum against Commission (1). The applicant
challenges the final decision relating to the same Belgian State
Aid measure which was, as far as the decision to open the
procedure as foreseen by Article 88(2) of the Treaty was
involved, the object of that case. The grounds and main
arguments are those submitted in that aforementioned case.

( 1) OJEC C 289, 23.11.02, p. 28.

Decision of the Oppo-
sition Division:

Decision of the Board of
Appeal:

Pleas in law:

Opposition upheld

Annulment of the decision of the
Opposition Division and dis-
missal of the appeal

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

Action brought on 2 May 2003 by Biofarma against the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM)

(Case T-154/03)

(2003/C 158/49)

(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
2 May 2003 by Biofarma, represented by Antonia Ruiz López
and Víctor Gil Vega, lawyers.

Action brought on 9 May 2003 by Industrias Químicas
del Vallés, S.A. against Commission of the European
Communities

(Case T-158/03)

(2003/C 158/50)

(Language of the case: Spanish)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 9 May 2003 by Industrias Quí-
micas del Vallés, S.A., whose registered office is in Mollet del
Vallés (Barcelona, Spain), represented by Cani Fernández
Vicién, Paloma González-Espejo and Julio Sabater Marotias,
lawyers.

The applicant claims that the Court should:

The applicant claims that the Court should:

— annul Commission Decision 2003/308/EC of 2 May

— annul the decision of the OHIM (Third Board of Appeal)
of 5 February 2003 and declare that there is a likelihood
of confusion between the trade marks ARTEX and
ALREX, which designate similar goods.

— order the OHIM to pay the costs.

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

Bausch & Lomb Pharmaceuticals
Inc.

Community trade mark Word mark ‘ALREX’ — Appli-
cation No 789461 for goods in
sought:
Class 5 (ophthalmological prod-
ucts)

2003,

— order the European Commission to pay all the costs,
including those incurred for the purposes of making an
application for interim relief.

Pleas in law and main arguments

This action is directed against Commission Decision 2003/
308/EC of 2 May 2003 concerning the non-inclusion of
metalaxyl in Annex I to Council Directive 91/414/EEC and the
withdrawal of authorisations for plant-protection products
containing this active substance (1).

In support of its claims, the applicant company relies on the
following pleas in law and main arguments: