Case T-147/03: Action brought on 30 April 2003 by Devinlec Developpement Innovation Leclerc against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2003-07-19
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clock and watch industry, jewellery and goldsmith's articles, trade-mark law

19.7.2003

EN

Official Journal of the European Union

C 171/35

The applicants assert, in particular, that there is no special tax
system applying specifically to agricultural cooperatives and
giving rise to certain tax obligations which the contested
measures are specifically intended to offset. However, the fact
that the measures do not consist in the grant ex novo of a tax
advantage but entail an exemption from obligations with
which cooperatives have hitherto had to comply when selling
fuel to third parties or members, an exemption which allows
them not to lose their pre-existing preferential tax treatment,
does not negate the existence of a new advantage within the
meaning of Article 87(1) EC.

( 1) OJ C 112, 10.5.2003, p. 43.

Action brought on 30 April 2003 by Devinlec Developpe-
ment Innovation Leclerc against the Office for Harmonis-
ation in the Internal Market (Trade Marks and Designs)
(OHIM)

(Case T-147/03)

(2003/C 171/59)

(Language of the case: French)

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
30 April 2003 by Devinlec Developpement Innovation Leclerc,
established in Toulouse (France), represented by Jean-Pierre
Simon, lawyer.

T.I.M.E.ART ULUSLARARASI SAAT TICARETI VE DI– TICAR-
ET A.–. was also a party to the proceedings before the Board
of Appeal.

The applicant claims that the Court should:

— annul the contested decision, delivered by the Third
Board of the defendant on 30 January 2003 in Case R
109/2002-3, and the refusal to register the Community
figurative trade mark ‘QUANTUM’;

— order the defendant to pay the costs and the applicant for
the Community trade mark to pay the costs incurred in
proceedings before the OHIM.

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

T.I.M.E.ART
ULUSLARARASI
SAAT TICARETI VE DI– TICAR-
ET A.–.

Community trade mark
sought:

figurative mark QUANTUM —
Application No 625 913 for
goods in Class 14 (watches and
jewellery)

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

the applicant

Mark or sign cited in
opposition:

French figurative mark QUANTI-
EME, No 1555274, registered for
goods
in Classes 14 and 18
(including watches, clocks and
watchstraps)

Decision of the Oppo-
sition Division:

Registration refused

Decision of the Board of
Appeal:

annulment of the decision of the
Opposition Division and dis-
missal of the opposition

Pleas in law:

(EC) No

Misapplication of Article 8(1)(b)
40/
of Regulation
94 (1)
(likelihood of confusion)
and disregard for Rule 50 of the
Regulation
2868/
95 (2)
implementing the Com-
munity trade mark

(EC) No

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

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

(2) Commission Regulation (EC) No 2868/95 of 13 December
1995 implementing Council Regulation (EC) No 40/94 on the
Community trade mark (OJ 1995 L 303, p. 1).