Case T-171/03: Action brought on 19 May 2003 by New Look Limited 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), clothing industry, footwear industry, trade-mark law

C 171/40

EN

Official Journal of the European Union

19.7.2003

— Has not given due weight to the applicant’s interest in

Pleas in law and main arguments

receiving the requested documentation

Applicant
munity trade mark:

for

Com-

The applicant.

Community trade mark
sought:

Figurative mark NLCollection —
Application No 1082809 for
goods in Class 25 (articles of
clothing, footwear and headgear).

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

NAULOVER SA

Mark or sign cited in
opposition:

Figurative mark NL (Community
trade mark No 13417 and Span-
ish trade mark No 1329084).

Decision of the Oppo-
sition Division:

Rejection of the opposition.

Decision of the Board of
Appeal:

Pleas in law:

Annulment of the decision of the
Opposition Division and accept-
ance of
the opposition with
respect to Community trade mark
No 13417.

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

the applicant doesn’t accept

Moreover,
the Commission’s
contention that the Member States would have to be consulted
in relation to the submissions made by them in the minutes. It
is the applicant’s position that, in accordance with Article 4(4)
of Regulation (EC) 1049/2001, a consultation with a Member
State shall take place only when it is not clear whether a
document shall or shall not be disclosed. Furthermore, the
final decision as to whether or not a document shall be released
remains with the Commission, and this must be reasoned and
clearly justified as falling within one of
the exemptions
provided for in the access regulation.

( 1) OJ L 291 of 6.12.1995, p. 40.
( 2) Regulation (EC) No 1049/2001 of the European Parliament and
the Council of 30 May 2001 regarding public access to European
Parliament, Council and Commission documents (OJ L 145 of
31.5.2001, p. 43).

Action brought on 19 May 2003 by New Look Limited
against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM)

(Case T-171/03)

(2003/C 171/67)

(Language of the case: Spanish)

Action brought on 19 May 2003 by Anne Geddes against
the Office for Harmonisation in the Internal Market

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
19 May 2003 by New Look Limited, established in Weymouth,
Dorset (United Kingdom), represented by R. Ballester and
G. Marín, lawyers.

The applicant claims that the Court should:

(Case T-173/03)

(2003/C 171/68)

(Language of the case: English)

— annul the decision of OHIM (First Board of Appeal) of

15 April 2003 in Case No R 019/2003-1;

— order OHIM and any intervener to pay the costs.

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 19 May 2003 by Anne Geddes,
Auckland, New Zealand, represented by Mr G. Farrington,
Solicitor.